CBC
carried the news that three people convicted of carrying out an honour killing directed towards four female family members have lodged an appeal.
A Montreal couple and their son who were convicted of first-degree murder in the so-called honour killings of four female family members are appealing for a new trial.
Mohammad Shafia, his wife Tooba Yahya and their son Hamed, filed a 110-page factum with the Ontario Court of Appeal, arguing Justice Robert Maranger failed to intervene when the Crown presented arguments that they believe improperly swayed jurors in their decision-making.
The document also questions the testimony of University of Toronto Prof. Shahrzad Mojab, an "honour killing" expert who testified on behalf of the Crown.
The three accused were each given an automatic life sentence with no chance of parole for 25 years for their roles in the deaths.
The bodies of Zainab, 19, Sahar, 17, and Geeti Shafia, 13, along with Mohammad Shafia's first wife, Rona Mohammad Amir, 50, were found in the family's Nissan, submerged in a lock on the Rideau Canal on June 30, 2009. The prosecutors at their trial said the three accused felt the sisters and Amir had been acting dishonorably by not following family rules.
Michael Friscolanti of
MacLean's goes into more detail.
In a lengthy factum filed at Ontario’s Court of Appeal, the Shafias take specific aim at the “overwhelmingly prejudicial” testimony of a key Crown witness: Shahrzad Mojab, a University of Toronto professor who researches honour-based violence. A leading expert in her field, Mojab told the original Kingston jury that in some Middle Eastern cultures, a family’s reputation is measured by the obedience and chastity of its women—and that even the mere perception of inappropriate conduct can be a death sentence. “The shedding of blood is the way of purifying the name of the family in the community,” she told a packed courtroom on Dec. 5, 2011. “It is an expected act. It is expected that the honour of the family be restored and controlled.”
Lawyers representing the Shafia trio (father Mohammad, mother Tooba Yahya, and eldest son, Hamed) say the trial judge, Justice Robert Maranger, never should have allowed Mojab to take the stand. Her evidence “created enormous prejudice,” they argue, because it implied the accused “had a disposition to commit family homicide as a result of their cultural background.” Originally from Afghanistan, the family immigrated to Canada in 2007.
“Allowing cultural disposition evidence tempts jurors to follow their worst impulses and creates the risk that defendants will be judged by their background rather than their proven actions,” reads their joint factum, obtained by Maclean’s.
“By reinforcing pre-existing stereotypes of violent and primitive Muslims, [Mojab’s testimony] created the risk that the jury’s verdict would be tainted by cultural prejudice.”
The factum points out that Ontario’s high court has described Muslims as “a minority that many believe is unfairly maligned and stereotyped in contemporary Canada,” and that “cultural caricatures of ‘dangerous Muslim men’ and ‘imperilled Muslim women’ ” are “well-entrenched in popular culture and mainstream media.” “By placing the deaths of the deceased in a context of culturally inspired violence against women,” the factum continues, “Dr. Mojab’s evidence risked engaging racial and cultural animus.”
Friscolanti notes that there was, in fact, much evidence suggesting that the three held the four dead in great contempt.