Man acquitted on charge he harassed prosecutor
A Montreal man, charged with intimidating a prosecutor while she was involved in a Youth Court case involving terrorism charges, was acquitted by a Quebec Court judge on Tuesday because there was no proof, beyond a reasonable doubt, he intended to frighten the lawyer.
Samy Nefka Bahri, 28, was arrested and charged with intimidation in September, 2015, shortly after his behaviour during the Youth Court trial of a teenage boy who robbed a convenience store caught the attention of courthouse constables, police investigators and prosecutor Marie-Ève Moore. The teenager was ultimately convicted, in December, 2015, on charges related to his plan to gather money so he could travel and commit terrorist acts for ISIS.
During the trial, Nefka Bahri could be seen in the courtroom fidgeting and taking copious notes. A courthouse constable began recording notes of Nefka Bahri’s behaviour on Sept. 9, 2015. A week later, while the trial was still underway, Moore left the courthouse and was heading to a nearby métro station when Nefka Bahri suddenly appeared in front of her on his bicycle. He asked whether she was the prosecutor in the case and if the trial would resume the following day.
According to a summary of evidence provided by Judge Robert Sansfaçon on Tuesday, Nefka Bahri startled Moore and appeared to block her path while seated on his bicycle. The exchange lasted no more than 10 seconds, but Moore “panicked” and contacted a courthouse constable. By that time, Moore had noticed Nefka Bahri’s interest in the trial and she had been previously informed, by an RCMP investigator, that his parents’ home had been searched in the past because the RCMP suspected he was involved in terrorist activities. He was never charged with any wrongdoing in connection with that investigation.
Sansfaçon said on Tuesday that, given the context, he could understand why Moore reacted the way she did.
But he determined there was no proof beyond a reasonable doubt that Nefka Bahri intended to intimidate the prosecutor when he asked her the questions.