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Mohammad Shafia, front, Tooba Yahya, left, and Hamed Shafia, centre, are led from the Frontenac County courthouse after being found guilty of first-degree murder in Kingston, Ont., Sunday, Jan. 29, 2012. (Graham Hughes / THE CANADIAN PRESS) Mohammad Shafia, front, Tooba Yahya, centre and Hamed Shafia arrive at the Frontenac County courthouse in Kingston, Ont., Sunday, Jan. 29, 2011. Mohammad Shafia, right, and his son Hamed Shafia, left, arrive at the Frontenac County courthouse in Kingston, Ont., Sunday, Jan. 29, 2011. Mohammad Shafia, front left, Tooba Yahya, front right, and their son Hamed Shafia, back left, are escorted at the Frontenac County courthouse in Kingston, Ontario on Saturday, January 28, 2012. shafia, shafia deaths, rideau canal deaths

Shafia family members guilty of first-degree murder

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CTV News Video

CTV National News: Man, wife and son learn fate
A jury in Kingston, Ont. reached its verdict Sunday: three members of the Shafia family were found guilty of first degree murder. Genevieve Beauchemin reports on the emotionally charged verdict.
CTV National News: Archaic notion of 'honour'
The Shafia murder case was not the first in which some notion of family honour was invoked. But as Omar Sachedina reports, honour killings are no more supported by religious teachings than they are by the law.
CTV News Extended: Lawyers react to the verdict
The Crown attorneys in the Shafia trial make a statement to the media following the guilty verdict at a Kingston, Ont. courthouse.
CTV Montreal: Muslim community reacts to verdict
Members of the Muslim community and neighbours in St. Leonard expressed relief and anger after the verdict in the Shafia trial came down. Camille Ross reports.
CTV Montreal: Newsmaker: Lawyer Marie-Helene Giroux on the guilty verdict
Defence lawyer Marie-Helene Giroux speaks with Tarah Schwartz about the significance of the guilty verdict and how quickly it came down.
CTV Toronto: Three guilty in Shafia killing
After just 15 hours, jurors found a Montreal couple and their son guilty Sunday of murdering four female relatives. CTV's Scott Lightfoot reports.
CTV News Channel: How did jury decide?
Leo Adler, a criminal defense lawyer and Steven Skurka, CTV's legal analyst discuss the possible future of the Shafias, and how the jury might have come up with its decision.
CTV News Channel: Evidence was overwhelming
Criminal Lawyer Jonathan Rosenthal says the guilty verdict wasn't all that surprising, given the overwhelmingly compelling case that was made against the Shafia family.

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Mohammad Shafia, front, Tooba Yahya, left, and Hamed Shafia, centre, are led from the Frontenac County courthouse after being found guilty of first-degree murder in Kingston, Ont., Sunday, Jan. 29, 2012. (Graham Hughes / THE CANADIAN PRESS) Mohammad Shafia, front, Tooba Yahya, centre and Hamed Shafia arrive at the Frontenac County courthouse in Kingston, Ont., Sunday, Jan. 29, 2011. Mohammad Shafia, right, and his son Hamed Shafia, left, arrive at the Frontenac County courthouse in Kingston, Ont., Sunday, Jan. 29, 2011. Mohammad Shafia, front left, Tooba Yahya, front right, and their son Hamed Shafia, back left, are escorted at the Frontenac County courthouse in Kingston, Ontario on Saturday, January 28, 2012. shafia, shafia deaths, rideau canal deaths

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Mohammad Shafia, front, Tooba Yahya, left, and Hamed Shafia, centre, are led from the Frontenac County courthouse after being found guilty of first-degree murder in Kingston, Ont., Sunday, Jan. 29, 2012. (Graham Hughes / THE CANADIAN PRESS)

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Date: Sun. Jan. 29 2012 8:13 PM ET

A Montreal couple and their son were convicted Sunday of murdering four female relatives in what the judge described as a "cold-blooded" and "heinous" crime.

Mohammad Shafia, 58, his wife Tooba Yahya, 42, and their son Hamed, 21, were each found guilty of four counts of first-degree murder in the deaths of Shafia's three teenaged daughters and his first wife.

Sisters Zainab, 19, Sahar, 17, and Geeti, 13, along with Shafia's other wife Rona Amir Mohammad, 52, were found dead on June 30, 2009 in a car at the bottom of a canal in Kingston.

From the start of the trial in October, prosecutors argued these were "honour killings" -- the Afghan-Canadian family's answer to the young sisters' perceived shameful behaviour.

"It is difficult to conceive of a more despicable, more heinous, more honourless crime," Justice Robert Maranger said in court after the verdict was delivered Sunday.

"The apparent reason behind these cold-blooded, shameful murders was that the four completely innocent victims offended your completely twisted concept of honour...that has absolutely no place in any civilized society."

Jurors reached the guilty verdict after a 10-week trial, 58 witnesses and 15 hours of deliberations. One juror burst into tears as the verdict was read, reported CTV News' Montreal Bureau Chief Genevieve Beauchemin.

A first-degree murder conviction carries an automatic life sentence with no chance of parole for 25 years.

One-by-one, Mohammad, Tooba and Hamed maintained their innocence when asked by the judge if they wanted to say anything.

"We are not criminal, we are not murderer, we didn't commit the murder and this is unjust," Mohammad Shafia told the court through a translator.

"Your honourable justice, this is not just," Yahya said, also through an interpreter. "I am not a murderer, and I am a mother -- a mother!"

Hamed addressed the judge in English, saying: "Sir, I did not drown my sisters anywhere."

Beauchemin noted that Hamed appeared to be the most emotional of the three, slumping in his seat as the verdicts were read.

At one point his parents rubbed his back, presumably in a bid to console him.

Trial ‘gave victims a voice'

As the trio was led out of the courthouse in front of a throng of journalists and flashing cameras, Mohammad Shafia loudly said: "Wrong."

Outside the Kingston courtroom, prosecutor Gerard Laarhuis said it was a good day for Canadian justice but also a sad day given it involves the death of four women.

"This jury found that four strong, viviacious and freedom-loving women were murdered by their own family in the most troubling of circumstances," he said.

Some onlookers in a crowd on the court steps cheered when Laarhuis spoke while others heckled the prosecutor.

"This verdict sends a very clear message about our Canadian values and the core principles of a free and democratic society that all Canadians enjoy and even visitors to Canada enjoy," Laarhuis said.

Staff Sgt. Chris Scott, who led the Shafia investigation, thanked prosecutors for their work.

"I would just like to add one thing, assistant Crown attorney Gerard Laarhuis and (prosecutor) Laurie Lacelle did an exceptional job," he said amid cheers.

"Their passion, their work ethic, gave these victims a voice when they had none and I appreciate their work," he said.

In a statement following the verdict, Justice Minister Rob Nicholson called honour killings "barbaric and unacceptable in Canada."

"This government is committed to protecting women and other vulnerable persons from all forms of violence and to hold perpetrators accountable for their acts," he said.

Outside court, Shafia's lawyer Peter Kemp said he believes the jury was swayed by wiretap conversations in which his client called his dead daughters whores.

"He wasn't convicted for what he did," Kemp said. "He was convicted for what he said."

Hamed's lawyer, Patrick McCann, said his client will appeal. He believes Hamed's parents will do the same.

Legal analyst Steven Skurka told CTV News this is a precedent-setting case in Canada, where honour killings are "a rare phenomenon."

"It really is quite an unusual and an astounding case," he said. "In order to restore family honour, family reputation, in order to cleanse the family's shame...(these women) needed to be killed."

Prosecutors had argued that the young Shafia sisters had shamed the conservative Afghan family -- and especially its patriarch -- by wearing revealing clothing, refusing to don hijabs and having boyfriends.

The jury heard that Zainab had previously run away from home and was briefly married to a Pakistani man Shafia did not approve of. The marriage was annulled within 24 hours.

Sahar also had a forbidden boyfriend, while the youngest of the three, Geeti, told her teachers she wanted to be placed in foster care. Mohammad Shafia's first, infertile, wife had protected the girls, especially Sahar, whom she had been raising as her own, court heard.

Shafia and Yahya had seven children in total. After their arrests, the remaining children, all minors, were placed in foster care.

Court also heard damning wiretapped conversations between the accused in which, at one point, Shafia said of his dead daughters: "God's curse on them … May the devil shit on their graves."

Teachers, child protection workers and police officers testified about reports from the girls that they were afraid of their father and brother and wanted to run away from home.

The Crown painted a picture of a highly dysfunctional polygamous family, with Shafia and Hamed exerting control over female members of the household and the two wives fighting for Shafia's affections.

Yahya and Shafia refuted the Crown's theory and evidence, saying they loved their children and would have never killed them. In interviews with police and on the stand, the couple maintained the deaths were a tragic accident.

The night the sisters and Mohammad disappeared, Zainab had asked to borrow the car keys, her parents told police. Zainab, an unlicensed and inexperienced driver, must have taken the group on a joyride and somehow ended up in the canal, they said.

But court heard conflicting versions of what happened that night. Yahya had initially told police the two Shafia men were at the canal when the car went in the water. But during her testimony, she told court that was lie.

Hamed never took the stand in his own defence, but court heard a taped conversation in which he admitted to a private investigator that he was at the scene.

Hamed said he had followed his sisters in a separate car out of concern and rear-ended them at the canal. While he was picking up pieces of shattered headlight, he heard a splash and ran over to the edge of the water. He said he dangled a rope and called his sisters' names, but hearing no response, drove off and headed home to Montreal without calling 911.

While his client was "stupid" to make such a "terrible" mistake, he was no murderer, Hamed's lawyer told the jury.

During closing arguments, defence lawyers for all three accused bristled at the suggestion of honour killings, saying the Shafia daughters were prone to lying and exaggerating their problems at home.

The defence also said the Crown failed to prove that any murder had been committed, failing to explain where and how the Shafia sisters and Mohammad were killed.

A pathologist testified that the cause of death for all four was drowning, though he couldn't conclude if they drowned in the canal. The Crown alleged the four were dead before their car hit the water.

The court also heard from police and technical witnesses who testified it was unlikely the car could have fallen into the canal by accident.

With files from The Canadian Press

Comments are now closed for this story

Randall Garth
said

This is awesome news. I was worried that they may get off. It's just too bad that we don't have capital punishment anymore. I'm 100% sure they would loudly declare their innocence 'til the sudden drop at the end of the rope.


Andree G
said

Excellent news! The system is working and this trio needs to be reminded that they are the ones bringing shame to their family's name and the Afghan culture. No such barbaric behaviour will be tolerated here. I am proud of our justice system and our beautiful fair country!Our country = Our values


Michele
said

I am so happy justice has been served in this heinous crime. There is no room for honour killing in our civilized Canadian society, and thankfully, a strong message has been delivered.


Berts
said

JUSTICE has been served.


Frank
said

I'm happy with the verdict...


Mq
said

Now throw away the key! Let this be forewarning to all Arab migrants. Your idea of honor is not welcome in our country.


Paul Alastair
said

I think that after the sentence has been served that Canada should consider deportation, there is no requirement for these people to live in Canada any longer than they have to. They bring none of the Canadian values and traditions of fairness and equality to our nation and only an over zealous draconian monotheistic thought process to a nation that values science and reason over religion that more resembles a cult. Especially when we have men and women still overseas serving to bring peace, freedom and women rights to the people of Afghanistan we do not need the practice of Sharia law here in our streets.


susan
said

Justice has been served in Canada. May the ones murdered rest in peace.


Steve
said

Yesssssss!!!!!!!!!!

Also after they serve their full 25 years they should be deported back to Afghanistan.


Sam
said

Good stuff. To bad a Canadian prison is better then life in Afghanistan 10 years ago, but hey, they need to be kept away from the rest of the world.


J
said

With stone age thinking and maintaining thier middle eastern ideals they should have stayed home and not burden the west with ridiculous customs.


J. Turner
said

Wonderful news. The message is if you don't want to live by Canadian laws don't come here.


NVancity
said

Hooray! This is an excellent outcome. Fingers crossed they get what they deserve come sentencing.


Jin in ontario
said

Good verdict.....justice is done...too bad these people have to be cared for by our system, but at least we know they won't hopefully be murdering anyone else. Sad that the remaining children won't have parents, but then again, maybe they will be better off !!!!


Mark
said

Absolutely no sympathy for these three!


Earthwatcher
said

Glad to hear justice served. Now, sentence them all to the maximum years with no parole. If they are still alive at that point, deport them to their beloved Afghanistan. There is no room in Canada for this whatever evil you want to call it.


Norm in Ontario
said

nobody except the 3, now found guilty, family members will ever know the truth.The unfortunate truth is 4 beautiful women are gone in what appears to be a murder in the name of honour killing.There are no honour killings in this country and I for one am quite satisfied that justice was done correctly.


Sandra
said

Justice has been served. There is no justification for murder, regardless of religious beliefs.


Roy Dunlop
said

Good verdict. End of story


barry
said

Great news. An excellent job by both police and prosecution staff...


Ranger
said

Appeals (3 of them) -this will drag on for another year - meanwhile we will all pay for their safety in the pen. It's a shame the death penalty was removed from our system - this is a good example of why it shouldn't have been....


Noosphere
said

Well done! Congratulatons to the Kingston police detectives and all that did untiring work to make sure that all available evidence was collected and provided to the letter of the law. Amazing job.

Congratulations to the crown for their effective presentment of that evidence.

Congratulations to the Jury who took what, I would guess, most of the country believes to be the truth and return the only sensible verdict.

You can't do this in Canada!


Nervous Rex
said

It's too bad that the guilty can't have their sentence meted out in their country of birth; they were quick to point out throughout the trial that they chose to raise their daughters in adherence to the moral code of their homeland and religion; yet I daresay that now being found guilty of murder, they're happy to be serving their sentence in their adopted country. Aren't they lucky? Be alert for all our ethnic daughters who are under the thumb of misogyny and patriarchial tyranny - there is no such thing as "honour" killing. It's murder, plain and simple.


Brenda
said

Congratulations to the jury for doing the job they were picked to do!! How can a father, mother and brother do what they did and think they could get away with it? Just because the daughters wanted a little freedom instead of being on such a short leash and being treated like they were still back in their old country, should not mean they had to be murdered for it. This is Canada and if people choose to come live here then they have to abide by our laws and not for us Canadians to change our laws to suit you. I'm glad you got what you deserve as you took the lives of 4 innocent victims.


Patrick
said

A sigh of relief and high five to the justice system on this one.
These 3 got exactly what they deserved.
Shame on the social workers for not doing more and intervening before it got to this...
By the way, this is Canada, honour killings do not exist in our CANADIAN criminal code.


Relieved in NB
said

May the deceased truly rest in peace now.


Over morning coffee
said

May the 4 women rest in peace knowing justice has been served.


Collin
said

Great news. I hope anyone who lives here and believes in honour killings, is packing and heading back home.


Lz in Edmonton
said

Excellent. 25 years in a Canadian prison is still more than all three deserve. What I wouldn't give for 25 years in an Afghan prison for these now convicted murderers.


Darcy
said

Time to send a strong and clear message.


Bucko
said

Hopefully all groups in Canada that lean toward this type of abuse of women will take note that they face serious consequences and Canadians will not tolerate it.


R. THOMPSON
said

I am glad that the justice system works. Now the parents and the son will go to jail for hopefully forever.


willyb
said

Finally!!! This has restored (somewhat) my faith in the justice system. I feel this verdict was the correct one. Nothing less would have been just. It was clear to me that the son and wife were merely backing up the Father who I felt was the driving force behind these murders. Perhaps they too feared for their lives if they did not go along with it. Their lies were quite obvious, and I am so happy the jury was able to see through it. The lawyers that represented them are dirtbags in my opinion.


James
said

Today my faith in the Canadian Justice system has be renewed. Thank you to the jury. Job well done!


kitlope
said

My faith in the Canadian justice system has been partially restored. Way too much evidence against them and if they would have walked that would have been a crime all on it's own.


Cyberdude
said

The ONLY reasonable verdict! Well done, jurors!


Josh
said

Justice has been served! Now let's roll out honour killing legislation to prevent this from ever happening again.


Amar H
said

Justice served.


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