Canadian facing four years in prison has conviction overturned: wife

MONTREAL • A Quebec man sentenced to four years in a Cuban prison following a boating accident that killed a fellow tourist isn’t being allowed to return to Canada even though his conviction has been overturned, his wife said Wednesday.

Kahina Bensaadi says her husband Toufik Benhamiche is no longer charged with any crime, but has not been allowed to leave the country because the case is still under investigation.

“He’s no longer convicted, he’s no longer charged, he’s no longer anything, but they don’t want to let him leave,” she said in a phone interview.

Benhamiche, 47, was driving a small boat as part of a tourist excursion in July 2017 in Cayo Coco when it veered out of control and struck a woman from Ontario.

A Cuban court found the Mascouche man guilty of criminal negligence causing death and sentenced him to four years in prison. In June, Cuba’s highest court found flaws in the lower court’s handling of the case and reversed all its decisions including the conviction, Bensaadi said. She said the judge’s decision recognized the arguments in Benhamiche’s defence and that it suggested bringing charges against those who were responsible for renting out the boat.

“(The decision) clearly stated the responsibility of other people in violating all norms and procedures, and explained the violation of all these norms of conduct probably led to the accident,” she said.

While the family was originally thrilled, the elation turned to despair when they realized the case had been returned to the prosecutor and must be reinvestigated. Bensaadi is calling on Canadian officials to help allow her husband to return home while Cuban authorities decide whether to bring new charges.

She says she’s been offered no help so far, and accuses the Canadian government of choosing to abandon her husband rather than ruffle feathers with Cuban officials.

“It’s not normal that the Canadian government continues to favour diplomatic relations to the detriment of the rights and liberties of its own citizens,” she said.

MP Luc Theriault, representing Behamiche’s riding, also issued a statement blasting Foreign Affairs Minister Chrystia Freeland for failing to resolve what he called an “appalling” situation.”