Edinburgh Judge Decides on Dual Criminality and Moves Evans’ Extradition Hearing to October
Scottish court hears that Canadian authorities in Sharif Rahman homicide case have been slow to provide information and assurances on prison conditions.
The three men accused in the August 2023 killing of Owen Sound restaurateur Sharif Rahman appeared in Sheriff’s Court in Edinburgh this morning (local time).
Robert Evans, 24, is wanted by Canadian authorities to face a manslaughter charge. His father Robert Busby Evans, 48, and uncle Barry Evans, 55, are each wanted for accessory after the fact.
Sheriff Komorowski (the judge) delivered a preliminary decision today that there is an equivalent to those accessory charges under Scottish law. That equivalent charge typically carries a minimum sentence of 12 months imprisonment, he said.
While the defense had argued in previous hearings that the Scottish crime of perverting justice could not be applied as the two elder Evans’ weren’t aware an investigation had begun, the judge disagreed.
The second case management issue to be decided is on the conditions of Canadian prisons. Defense lawyers have argued that substandard conditions in Canadian prisons would constitute a violation of the men’s human rights.
While partial assurances have been made by the Canadian authorities, the procurator fiscal noted they could not given assurance of which prison the men may be detained in pre-trial or if sentenced in Canada.
“There is a real risk or possibility they could be sent to any federal prison then,” Sheriff Komorowski noted.
He stated his concerns with an open timeline given that the defendants are in custody in Scotland already, and that it is in the best interest of parties on all sides to see the case move forward expeditiously.
After some discussion of expectations and timelines, the judge ordered that all information and assurances regarding prison conditions must be received from the Canadian authorities by August 21.
As the extradition hearing was to begin August 14, that date has been rescheduled to give all parties time to review the reports from Canadian authorities.
The court will meet to review the prison conditions information on September 25 and the extradition hearing for all three men has been moved to October 20, 2025.
I wonder if anyone could remind us all of the date that these men were first arrested in Scotland. It does seem to be dragging on a bit with each and every objection by the defense requiring several months to resolve or to decide to resolve at a later date. It seems to me that spurious argument regarding the legality of the Canadian prison system could be resolved in less than an afternoon. If the defense claims that the human rights of these men would be ignored owing to conditions in Canada then let them prove it. Right now. And get on with it.