Hamed Shafia files appeal on hearsay evidence
The trial that ended with Hamed Shafia behind bars for the murder of four members of his family was afflicted by media bias and hearsay evidence, says his lawyer — who confirmed Tuesday he is appealing his client’s first-degree murder convictions.
The 21-year-old and his parents — Mohammad Shafia, 58, and Tooba Mohammad Yahya, 42 — were each found guilty Sunday of four counts of first-degree murder in the deaths of Mohammad Shafia’s three teenage daughters and his first wife in what the Crown successfully argued was an “honour killing” inspired by the belief that the women had brought shame on the family.
Lawyer Patrick Mccann said Tuesday the appeal is based upon inadmissible hearsay evidence of key witnesses, including the sisters’ boyfriends and teachers who recalled statements made to them by the sisters, as well as testimony from social workers, police, shelter workers, friends and others. Mccann said this hearsay evidence should not have been heard by the jury.
“The ground relating to hearsay is based on evidentiary law, which prohibits the use of hearsay unless it is established that the words spoken would not likely be changed or modified by any cross-examination so that there are adequate substitutes for the absence of an oath and any cross-examination and the inability of the jury to observe the witness when testifying,” he told Postmedia News in an email.
Mccann also questioned the testimony of a University of Toronto “honour crimes” expert. In court, the defence criticized the testimony of Prof. Shahrzad Mojab, saying Mojab did not do any fieldwork in Afghanistan and that her observations were biased.
According to Mccann, another aspect of the appeal is the potential negative impact of biased media coverage of the case.
“As you know, the media coverage was extremely intense … whereas much of it was quite objective, much of it assumed guilt from the beginning of the trial,” he explained. “Although jurors are told not to read or listen to media accounts, in a case like this, it is almost inevitable that they would be aware of the coverage and may well be tainted by it.”
The appeal was filed Monday at the Quinte Detention Centre in Napanee, Ont. It will be forwarded to the Court of Appeal in Toronto and then replaced by a lawyer’s notice of appeal once retainer issues are worked out, Mccann said.