A new investigation has been ordered into the death of an Iranian-Canadian photojournalist, but the lawyer representing the family remains skeptical that justice will be done.

Iran's Supreme Court ordered the probe into how Zahra Kazemi died, citing concerns that the previous court investigation into her death had been incompetent.

Judiciary spokesperson Ali Reza announced the probe on Tuesday.

John Terry, a Toronto lawyer for Kazemi's son Stephan Hachemi, said he was extremely wary about the new development.

"You could say we're approaching this in a pessimistic way, but I would say a realistic way -- our perspective is that it's a highly politicized judiciary," he told CTV Newsnet.

"Iran has a very complex judicial and political system, and there are various factions at work within it. Sitting here in Canada, I can't claim to know what it is that's caused the court to do this."

However, Terry suggested the new probe may have been sparked by the work of Nobel Peace Prize laureate Shirin Ebadi, an Iranian lawyer who worked on the first Kazemi trial.

"She had talked about how it wasn't a fair trial," said Terry. "Although our understanding is quite murky as to how exactly things work in the Iranian justice system, the Supreme Court's announcement today may be linked to the various protests that she had made about the case."

Kazemi died in custody on July 11, 2004, several days after her arrest while taking photographs at a protest outside Evin prison in northern Tehran.

She has never been charged with a crime.

A presidential inquiry revealed Kazemi died from a "physical attack," backing up claims from Kazemi's family's that her death was suspicious. The Iranian judiciary, however, claimed in 2004 that Kazemi died from a fall because of low blood pressure brought on from a hunger strike.

Canadian diplomats were banned from participating in the previous inquiries in Iran.

Kazemi's son, Stephan Hachemi, said he had little hope of the investigation getting at the truth of what happened to his mother.

"The government of Iran is responsible, the government is not going to give itself up to trial," he told CTV Montreal.

Payam Akhavan, a law professor at McGill University, said the new probe could actually be an attempt to cover up the initial trial.

"I think this is an attempt by the Iranian government to pre-empt the international community, and in particular the Canadian judiciary, by saying, 'We're investigating the matter, there is no need for international intervention,'" he said.

Civil suit

Terry and Hachemi recently launched a civil suit in a Quebec court against the Iranian government and a handful of specific individuals.

Hachemi claims the Canadian government has refused to take the case to the International Court of Justice, leaving him no recourse but to launch the civil suit against Iran and those he believes are responsible for Kazemi's death.

Hachemi's case brings charges against:

• Ayatollah Ali Khamenei, Supreme Leader of the Islamic Republic of Iran
• Saeed Mortazavi, Chief Public Prosecutor for Tehran
• Mohammad Bakhshi, former Iranian Deputy Chief of Intelligence for Evin Prison

In a civil case, it's left to the accused to answer to the charges.

"Iran did actually retain lawyers in Montreal, so they are going to participate in the hearing," said Terry. "They're taking the position that the State Immunity Act in Canada prevents us from suing Iran."

The case is expected to be heard early next year in Montreal.

With a report by CTV Montreal's Annie DeMelt