Rahman Homicide Case: Canada Given August Deadline to Address Prison Conditions in Extradition Case
Inside the Evans extradition case: What a Scottish judge decided, why Sharif Rahman's death remains without trial nearly two years later, and what’s next for Canadian authorities.
A Scottish judge has ruled that two UK men accused of helping their relative flee Canada after the fatal 2023 assault of Owen Sound restaurant owner Sharif Rahman may be eligible for extradition, marking a critical step toward returning the accused to face charges in Canada.
The case is being closely watched both in Scotland and across Grey-Bruce, where Rahman’s death shocked the community and sparked public calls for justice.
Here is where the extradition case stands, and what happens next.
Judge Rules Charges Meet Legal Threshold for Extradition
On July 31, Edinburgh Sheriff Julius Komorowski issued a key preliminary ruling in the extradition case of Robert Busby Evans Sr. and Barry Evans, finding that the Canadian charge of accessory after the fact has an equivalent under Scottish law: attempting to pervert the course of justice.
This ruling followed months of legal arguments centred on the principle of dual criminality, a requirement in extradition law that the conduct alleged must also be considered a criminal offence in the country where the accused is being held.
Defence lawyers argued that the two men could not be extradited because their alleged actions—such as retrieving hotel records and arranging a flight out of Canada—occurred before any formal investigation had begun. Therefore, they said, the conduct would not qualify as a crime under Scottish law.
The judge disagreed.
He ruled that a serious assault of the kind described would clearly prompt police involvement, and that attempting to avoid legal consequences in its immediate aftermath could reasonably be considered an attempt to obstruct justice under Scottish law.
“That Robert Evans (Junior) was not a wanted man when he left Owen Sound, or Canada entire, is irrelevant,” Komorowski wrote in his ruling. “The Canadian authorities essentially allege his departure was facilitated to avoid his apprehension if and when he became a wanted man.”
Under Scottish law, attempting to obstruct justice is punishable by at least 12 months in prison.
With this ruling, the court has cleared one of two major legal issues that must be resolved before an extradition can proceed. The second, concerning Canadian prison conditions and human rights standards, remains under review and will be the focus of a separate decision in September.
Why the Delay?
The second unresolved issue is whether extraditing the men to Canada would violate their human rights due to the conditions in Canadian jails and remand centres.
Defence lawyers have argued that detention facilities in Ontario are overcrowded and substandard, raising concerns about sanitation, access to legal counsel, and overall safety.
In response, the court is now requiring formal assurances from Canadian officials outlining where the men would be held and under what conditions.
So far, only partial information has been provided. Officials have not been able to confirm which facility the accused would be housed in, either while awaiting trial or if convicted, prompting concern from Sheriff Komorowski.
“There is a real risk or possibility they could be sent to any federal prison then,” Komorowski said during the July 31 hearing, stressing that a lack of clarity at this stage was unacceptable.
He ordered that Canadian authorities must submit full documentation by August 21 detailing their detention plans and assurances that those facilities meet the standards required under UK and international human rights law.
The Owen Sound Current has reached out to the Department of Justice Canada, Global Affairs Canada, and Correctional Service Canada to confirm which agency is leading this process and whether the required documentation will be submitted by the court’s deadline.
What Are the Men Accused Of?
Three UK citizens—Robert Evans Jr. (25), his father Robert Busby Evans (48), and uncle Barry Evans (55)—face extradition to Canada for their alleged roles in the fatal August 2023 assault of Sharif Rahman outside The Curry House in Owen Sound, Ontario.
Owen Sound Police allege that after dining at The Curry House with his brother and uncle — then refusing to pay their $150 bill — Robert Evans Jr. punched Rahman in the face outside the restaurant.
Rahman fell backward, striking his head on the pavement. He never regained consciousness and died a week later from a skull fracture.
Witnesses told police that Barry Evans, the uncle, yelled “Run! Run!” to his nephew immediately after the assault. Surveillance footage and affidavits filed by the Crown indicate that Barry then left the area to retrieve a grey SUV, which he drove to a nearby location to pick up Robert Jr. and his brother (who has not been charged in this case).
The group fled Owen Sound that night and travelled to Collingwood, approximately 65 kilometres away. Phone records show a flurry of calls to Robert Busby Evans in the moments following the assault, even though he was not present at the restaurant.
Robert Jr. is charged with manslaughter. His father and uncle are each charged with accessory after the fact to commit an indictable offence. Police allege that both Barry and Robert Sr. took steps in the hours and days following the incident to help Robert Jr. avoid apprehension.
According to affidavits filed by Ontario Provincial Police (OPP), Barry drove the getaway vehicle and returned to the group’s Owen Sound hotel the following day to collect their deposit and remove registration records.
Police allege that Robert Sr. arranged his son’s flight to Manchester and organized his transport to Toronto Pearson International Airport the day after the assault.
All three men are UK citizens and members of the Irish Traveller community, a recognized ethnic minority in Britain. According to Canadian authorities, Robert Jr. entered the country using a UK passport issued under the name “Michael Jones,” and Robert Sr. used one issued under the name “Justin Jones.”
Affidavits presented by Canadian police note that the Canadian Border Services Agency (CBSA) confirmed that all three men presented valid UK passports upon entry, despite these aliases.
The group conducted paving work across southwestern Ontario and had multiple interactions with OPP despite being in the country on visitor visas that did not permit employment. Police believe they operated under the name “Total Paving,” working in towns including Listowel, Wiarton, and Collingwood before arriving in Owen Sound.
Police Scotland arrested all three men in July 2024 (Robert Jr. and Barry in Edinburgh, and Robert Sr. in Dalkeith) under international warrants issued by Canadian authorities. All three have remained in custody since their arrests.
None of the allegations has been proven in court. The extradition proceedings currently underway in Edinburgh Sheriff Court are not criminal trials to determine innocence or guilt, but are focused on determining whether the men can legally be surrendered to Canada to face prosecution.
How Long Could the Men Face in Prison if Convicted?
Under Canadian law, manslaughter carries a maximum sentence of life in prison, though there is no mandatory minimum unless a firearm was involved.
In practice, recent convictions involving blunt-force trauma (similar to the allegations in this case) have resulted in sentences ranging from four to eight years, depending on factors such as the offender’s criminal history, the circumstances of the assault, and any expression of remorse.
The charge of accessory after the fact to manslaughter, which both Robert Sr. and Barry Evans face, carries a maximum penalty of 14 years. However, sentencing for this offence varies widely across Canada.
Courts typically impose sentences between 18 months and seven years, influenced by the level of assistance provided to the primary offender, the timing of that assistance, and the nature of the relationship between the accused and the person they allegedly helped.
One important factor in any future sentencing is the time the men have already spent in custody abroad. Canadian courts generally apply credit for pre-trial detention, and that includes time served in foreign jurisdictions awaiting extradition.
While this factor is not considered in the extradition process itself, Canadian courts typically credit time served abroad when determining an appropriate sentence.
Why This Matters
This case has drawn intense public interest not only because of the brutal nature of the assault but also due to the legal and diplomatic complexities of seeking justice across borders.
Sharif Rahman was a beloved business owner, family man, and community advocate. His death sent shockwaves through Owen Sound and the wider region. The community has waited nearly two years for a trial to begin.
As extradition proceedings move forward, both the legal process and public attention remain focused on one central question: Will the men charged in connection with Rahman’s death face justice in Canada?
Next Key Dates
August 21: Deadline for Canadian authorities to submit documentation on prison conditions, allowing time for both sides to review.
September 25: Court reviews the Canadian government’s prison condition assurances.
October 20: Full extradition hearing for Robert Jr., Robert Sr., and Barry Evans.
All three men remain in custody in Scotland.
The Owen Sound Current will continue to follow the extradition proceedings in Edinburgh and provide updates as the case develops.
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