Saudi Court Revokes Canadian's Death Sentence

A Canadian man from Montreal no longer faces a public beheading in Saudi Arabia but his supporters say he still has a long way to go as he must now brave a trio of new judges and a fresh trial in connection with a fatal after-school brawl in 2007.

A spokeswoman for Canadian Foreign Affairs Minister Lawrence Cannon confirmed Mohamed Kohail, 24, is still in a Saudi jail, but the death penalty is off the table after a court judgment Saturday.

Saudi Arabia's supreme court also decided that Kohail's case should be retried.

“This is good news,” said Cannon spokeswoman Catherine Loubier.

Liberal Parliament member Dan McTeague, who has been following the case, said this new ruling may finally break what until now has been a judicial stalemate.

“It's encouraging news but we're not out of the woods yet,” he said.“He still has a long way to go, he's got to go through a whole trial.”

Mohamed Kohail, who is a Canadian citizen, and a Jordanian friend were sentenced to death after being convicted of the killing of 19-year-old Munzer Al-Hiraki during an after-school brawl in Jidda in 2007. Authorities said the fight was sparked after Kohail's younger brother Sultan got into a dispute with Al-Hiraki's female cousin.

The brothers have repeatedly said they were acting in self-defense and were not involved in inflicting the fatal wounds during the fight, which involved dozens of teenagers.

Mohamed Kohail has said he was tortured into confessing.

His case bounced around Saudi courts for most of this year. He was convicted by a lower court, and automatically sentenced to death. The verdict was upheld by an appeals court, but was not endorsed by the highest court of the land.

After much back and forth, finally on Saturday, the top court imposed its will.

“It was a form of legal ping-pong,” said McTeague.

“What's significant about this decision as opposed to previous decisions is the request that the trial come before different judges. It basically allows for a clearer, fairer trial under Saudi law.”

He said Kohail's family is also hoping the latest ruling will allow him to be released on bail. He's been behind bars for the past three years.

“The family is very pleased but very cautious,” he said. “They're not out of the woods yet.”

Family friend Mahmoud Al-Ken called the ruling “almost a declaration of innocence from the Supreme Council” but agreed the family is desperate to see Kohail released from prison while he awaits the retrial.

“It's a major breakthrough in this case,” he said. “Although it's very good news and the family is very optimistic about this decision, we're demanding Mohamed Kohail and his friend be released until the final decision is rendered.”

Kohail's brother, Sultan, still languishes in the Saudi justice system. Initially he was sentenced to 200 lashes and a year in prison by a juvenile court. But that ruling was overturned, and he was ordered to face a new trial in adult court, where he could be sentenced to death.

Ms. Loubier said nothing has been resolved yet in the case of the younger Kohail.

“This case continues to be a priority for the government,” said Ms. Loubier. “Canada continues to provide consular assistance and to pursue all avenues to assist Mohamed and Sultan Kohail.”

Ottawa did not give any further details on the case, citing the Privacy Act, but Al-Ken said that due to the circumstances of the case, the new ruling will have an impact on Sultan Kohail's trial as well.

“Sultan's case will be linked to Mohamed's case,” he said. “So any decision in Mohamed's case will directly impact Sultan's case.”

The Kohail family and the federal Liberals have frequently criticized Prime Minister Stephen Harper for not doing enough to intervene in the case.

Mohamed Kohail wrote directly to the Prime Minister asking for his help - providing grist for the Liberals' argument that the federal Conservatives were neglecting Canadians abroad who are in trouble.

But the Conservatives say they are in close touch with all the participants in the Kohail issue, and have taken every opportunity to raise the case and support the Kohail family.

“Canada encourages the abolition of the death penalty internationally and also advocates full respect for international safeguards where the death penalty is in use,” said Ms. Loubier.

Al-Ken said the family doesn't yet know when a the retrial will be held but he hopes the Canadian government continues to be directly engaged in the case.

“We believe it's enough years of their lives wasted in prison,” he said. “We hope this will be a good end for both families and we send our sympathies to the victim's family as well.”

Source: Free Internet Press.
Link: http://freeinternetpress.com/story.php?sid=24143.