The Daily Courier

Man seeks to appeal his sentence for plot to derail passenger train

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TORONTO — A man found guilty of plotting to derail a passenger train between Canada and the U.S. is seeking to appeal his sentence as well as his conviction, saying mental illness previously kept him from making rational decisions about his case.

In an amended inmate notice of appeal filed Wednesday with Ontario’s top court, Chiheb Esseghaier said his original notice targeted his conviction alone because he was unable to understand the severity of his life sentence.

“At the time I filed that notice, I was very ill. I suffer from schizophre­nia,” he wrote.

“I was suffering from delusions and believed that I would die and my soul would ascend to heaven on December 25, 2014. Because of this delusion, I did not believe that the life sentence imposed was real and did not want to acknowledg­e the existence or legality of the sentence by appealing it.”

Esseghaier began taking antipsycho­tic medication after he was transferre­d to a prison in British Columbia and eventually realized the gravity of the sentence, he said.

He now lists four grounds for appeal, two of them related to his mental state. He alleges his mental illness had an impact on his conviction and sentence, and goes on to argue that he was unfit to stand trial.

Esseghaier, a deeply religious Muslim, also alleges an undercover agent incited him to plan the attack by giving him money and meals.

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