Accessory Charges Debated, Prison Concerns Delayed in Evans Extradition Case for Rahman Homicide
A Scottish court has delayed decisions on charge equivalency and prison conditions in the extradition case of three UK men charged in connection with an Owen Sound man’s deadly assault in 2023.
Whether Canada’s accessory after the fact charge has a legal equivalent under Scottish law remains unresolved following a fourth preliminary extradition hearing Thursday in Edinburgh.
The outcome of this legal question is critical to whether two of the three UK family members wanted in connection with the 2023 death of Owen Sound restaurant owner Sharif Rahman can be extradited.
One man is accused of manslaughter; his father and uncle are alleged to have helped him flee the country.
Rahman, 44, sustained a devastating head injury after Robert Evans Jr. (also known as Michael Jones) allegedly punched him outside the restaurant. Witnesses say the dispute began over the Evans family’s refusal to pay for their meal.
Rahman never regained consciousness. He died a week later in a London, Ontario hospital.
Barry Evans and his brother, Robert Busby Evans (also known as Justin Jones), appeared in Edinburgh Sheriff’s Court just after 12:15 p.m. on June 19, each handcuffed to a court officer and smiling toward a half-dozen supporters seated in the public gallery.
The hearing initially focused on the accessory charges against them.
Arguments Over Scottish Equivalent Crime Continued
Thursday’s session continued a debate begun on May 22, when the defence argued that the alleged actions of Barry and Robert Sr. do not meet the criteria for attempt to pervert the course of justice, the closest Scottish legal equivalent to Canada’s accessory after the fact to commit an indictable offence.
The defence’s position hinges on the interpretation that such a charge in Scotland requires interference with an ongoing legal process—something they argue had not yet begun at the time of the men's actions.
This time, the procurator fiscal (Scotland’s Crown prosecutor) countered that the course of justice began with a 9:33 p.m. emergency call to Owen Sound Police on August 17, 2023, reporting an assault in progress outside The Curry House.
Timeline Argument a ‘Red Herring’ - Prosecutor
However, he also called the defence’s focus on when police formally began investigating a “red herring,” asserting that the severity of the incident made it foreseeable that justice would follow.
Even if a formal process had not yet begun, he said, a reasonable person involved in a violent assault would know that legal consequences were likely.
Therefore, he said, steps taken to avoid those consequences still meet the threshold for attempting to pervert the course of justice, the charge sought under Scottish law as equivalent to Canada’s accessory charge.
The prosecutor further argued that the conduct of Barry and Robert Sr.—driving Robert Jr. 65 km from the scene to Collingwood, arranging a flight out of Canada the next day, and returning to Owen Sound to retrieve guest records from their hotel—constituted efforts to obstruct justice.
“Returning to get the cash deposit back from the hotel was mundane,” the prosecutor said. “Not mundane was removing the guest book.”
The Advocate (a legal specialist who argues cases in Scottish higher courts), representing the defence, acknowledged that “an inference could be drawn” that the two men took steps to help Robert Jr. escape, knowing he had committed a crime.
However, she maintained that even such intent does not constitute a crime under Scots law unless it involves direct interference with a judicial process.
“Whatever name you give it, it doesn’t fit into the Scottish crime,” she argued.
The Sheriff (judge) stated he was not prepared to issue a ruling on the equivalency question and scheduled that decision for July 24.
Court Awaits Assurances on Prison Conditions from Canadian Officials
After a lunch recess, all three accused were brought into court together for the first time that day, shortly after 2:15 p.m. Robert Jr. was brought in last, shackled and handcuffed to a court officer.
The hearing then shifted to the issue of Canadian prison conditions, which the defence raised as a potential human rights barrier to extradition.
However, the procurator fiscal informed the court that while “assurances have been sought,” he had not yet received confirmation from Canadian authorities regarding where the men would be held if extradited.
The Advocate clarified that the defence seeks information not only on potential pre-trial remand locations but also on the correctional facility where a sentence would be served, should convictions be secured.
Arguments on prison conditions were postponed, and a new preliminary hearing date was set for July 31.
Background: Tracing the Case from Owen Sound to Edinburgh
On August 17, 2023, Owen Sound Police responded to a reported assault outside The Curry House.
According to Owen Sound Police affidavits presented in court, three Evans family members — Robert Jr., his brother Justin (who is not charged in this case), and their uncle Barry — dined at the restaurant. They refused to pay Rahman, the owner, for the approximately $150 meal.
In the ensuing altercation on the sidewalk outside, Robert Jr. is alleged to have struck Rahman in the face, causing him to fall backward and hit his head on the pavement.
Rahman was hospitalized and never regained consciousness. He died a week later from a fractured skull.
Arrests were not publicly confirmed until nearly a year later, when Canadian authorities revealed in August 2024 that arrests had been made in Scotland on July 30, 2024.
All details were withheld, with police citing the complexity of the international investigation. Canadian police didn’t name the men charged until a media conference in Owen Sound on December 18, 2024.
Since the charges were made public, extradition filings in Scottish court have become the primary source of detailed information about the case, including the accused’s background and activities in Southwestern Ontario during the summer of 2023.
The men are members of an Irish Traveller community, and their last known addresses place them near Manchester, England, at the time of the arrests.
Irish Travellers are a recognized ethnic minority in the United Kingdom, with distinct cultural traditions and a rich history. While often misunderstood, their identity does not require Irish nationality — all three accused in this case are UK citizens.
Two of the men entered Canada using valid UK passports issued under aliases, according to border officials.
The Evans family and associates allegedly operated a business under the name Total Paving and travelled from Listowel to Wiarton and Collingwood, completing asphalt work, often for cash.
These movements and activities — along with at least two prior interactions with Ontario Provincial Police earlier that summer — are also detailed in the affidavits submitted by Canadian authorities and reviewed by The Owen Sound Current at the courthouse in Edinburgh. The Sheriff has restricted access to those documents to journalists who were present at the hearing, on the basis of providing context to what they witnessed and heard in court.
They show that investigators pieced together the men’s movements using surveillance footage, digital communications, cell phone records, and witness accounts, gradually identifying the individuals involved and the sequence of events leading up to and following the assault.
Meanwhile, court records in Ontario remain sealed, and CBC News reported in late May that it had submitted a request for judicial review in March, which remained pending.
As legal proceedings unfold in Scotland, a recent sentencing in a Canadian courtroom provides a relevant point of comparison.
UK Soldier’s Manslaughter Sentence Highlights Canadian Legal Outcomes
The Rahman/ Evans case invites comparison to another recent Canadian manslaughter case involving a UK national.
On June 11, 2025, Corporal Craig Gibson, a 30-year-old Scottish soldier, was sentenced to four years and four months in prison for the 2023 death of Winnipeg businessman Brett Sheffield during a bar altercation in Toronto.
Gibson struck Sheffield three times with his elbow to the head and neck in what the trial judge later described as a “vicious assault with tragic consequences.” Sheffield died two days later in hospital from a ruptured artery in his neck caused by blunt-force trauma.
Unlike the Evans family, Gibson did not flee and was tried in Canada. He expressed remorse during sentencing, telling the court, “I’m deeply sorry. Mr. Sheffield did not deserve to die. It’s something I have to live with for the rest of my life.”
Gibson was convicted of manslaughter following a trial and has since been dishonourably discharged from the military.
While the circumstances differ, there are uncanny similarities between the two deadly assaults involving UK suspects in the summer of 2023.
The case also underscores the kinds of prison sentences Canadian courts impose in fatal assault cases. It’s a factor that may be relevant as defence arguments in the Evans extradition case continue to focus on the conditions and consequences the accused may face if returned to Canada.
Sentencing Context in Canada
In Canada, sentences for manslaughter and accessory after the fact vary widely depending on the specifics of the offence and judicial discretion.
While manslaughter carries a maximum penalty of life imprisonment, there is no mandatory minimum unless a firearm is involved, in which case the minimum is four years. In practice, recent cases have resulted in average sentences ranging from six to eight years, influenced by factors such as prior record, the use of a weapon, or expressions of remorse.
For accessory after the fact, the maximum penalty is 14 years when the underlying crime is punishable by life, such as murder or manslaughter. Sentencing ranges for accessory roles vary by province but typically fall between 18 months and 7 years, depending on the offender’s relationship to the principal, the degree of assistance provided, and whether any coercion was involved.
The Owen Sound Current continues to follow the pursuit of justice for Sharif Rahman and will report on the upcoming hearings. The full extradition hearing remains scheduled for August 14. All three men remain in custody, though the facility in which they are housed has not been disclosed.
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