Book Review – Without Honour: The True Story of the Shafia Family and the Kingston Canal Murders by Rob Tripp

[Originally posted at Canadian Lawyer]

“My children did a lot of cruelty toward me.”
- Mohammad Shafia, testifying at his trial for murdering his first wife and three daughters

His daughters’ “cruelty” manifested itself in several ways: wearing revealing and immodest clothing, dating boys, and refusing to follow his strict orders. And for that, they had to die.

In June, 2009, a Nissan Sentra was found at the bottom of the Rideau Canal near Kingston, Ont. The bodies of teenagers Zainab, Sahar, and Geeti Shafia, and 50 year-old Rona Amir Mohammad, were trapped inside.

Mohammad Shafia, a prosperous Montreal businessman originally from Afghanistan, insisted one of his daughters had taken the car without permission, and crashed into the canal by accident. His second wife and his 20 year-old son backed him up. But investigators were immediately skeptical, especially after it became clear another, larger vehicle had pushed the little Nissan into the canal.

Moreover, the older Shafias’ behaviour on that tragic night made little sense. In particular, they couldn’t satisfactorily explain why son Hamed drove home from Kingston in their Lexus SUV, reported a fender-bender in a Montreal parking lot, and returned in the family minivan the next day.

The damage to the Lexus perfectly matched debris remaining at the crime scene, and despite their heated denials, Mohammad Shafia, Hamed Shafia, and Tooba Mohammad Yahya were arrested and charged with first-degree murder and conspiracy to commit murder. The trial, and the events leading up to it, are covered in investigative reporter Rob Tripp’s riveting Without Honour: The True Story of the Shafia Family and the Kingston Canal Murders.

Tripp, whose reporting on the Shafia case earned him two National Newspaper Award nominations, begins the story in Afghanistan, where Mohammad Shafia married Rona just before the Red Army invaded. As the country descended into brutal war against the Soviet Union, and then total anarchy after the Russians left, Shafia moved his family to Pakistan, Dubai, Australia, and finally Canada, where he became a successful property developer.

Before leaving Afghanistan, the still-childless Mohammad took a second wife, Tooba, who gave birth to all of the Shafia children. But Rona would play at least as large a role in raising them, and would accompany the family to Canada — officially as a domestic servant, to get around Canada’s laws against polygamy.

Rona was treated little better than a servant in Canada — her passport was taken away to keep her from leaving for another country, and Mohammad and Tooba made it very clear they could have her deported back to war-torn Afghanistan if she didn’t play along. Meanwhile, as teenagers Zainab, Sahar, and Geeti entered adolescence, they openly rebelled against their father’s strict household rules. Eventually, the “humiliation” became too much for their parents and loyal older brother to bear.

Unsurprisingly, considering the subject matter, media coverage of the Shafia murders was controversial, with newspapers and television networks varying in the attention paid to the perpetrators’ (and victims’) religion and culture. Tripp, for his part, reports that Mohammad Shafia was a devout Muslim when it suited his purposes, and that his actions arguably had more to do with his upbringing than his faith:

He did not attend mosque and he did not read the Qur’an daily, as had Rona.
He knew only what he had seen growing up in Afghanistan, that women were the property of men and should be obedient, passive and chaste. In his household, the girls had been ordered not to associate with boys until they had completed their studies. Shafia saw no offence in calling his daughters “prostitutes” and “whores” when it was clear that they had ignored that rule. He was prepared to accept the consequences of his deeds, and he exhorted his son and wife to follow him.

Shafia was so brazen about his desire to punish his children that he mused about it on the telephone with horrified relatives, who later testified against him at trial. They felt it was their duty as devout Muslims to testify against him in court.

Mohammad and Tooba actually testified in their own defence, and did themselves few favours with self-serving and contradictory answers that are almost painful to read. But their lawyers did raise a very strong point — despite all the evidence linking their parents and brother to their deaths, investigators were unable to conclusively determine how the Shafia girls died in the first place. The bodies’ positions in the car, and the absence of any escape attempt, suggest they were killed before the Nissan was pushed into the canal. But how this was done remains a mystery.

Nevertheless, the parties were convicted and sentenced to lengthy prison sentences. The case may not be closed for quite some time, however, as they promptly appealed the verdict. The cultural and religious issues that arose during the investigation and trial, not to mention questions surrounding the way the victims died, will give appellate justices much to consider.

Eventually, a revised and updated edition of Without Honour may be necessary. For now, though, it is a detailed, damning, and thought-provoking chronicle of one of the saddest criminal cases in recent Canadian history.

Posted in Books, Child Welfare, Criminal Law, Family Law, Media | Tagged , , , , | Leave a comment

Rehtaeh Parsons: a thought experiment

Christie Blatchford’s controversial National Post column from last week purports to explain why prosecutors in Nova Scotia decided not to proceed with charges against the four boys who allegedly raped Rehtaeh Parsons.  According to anonymous sources (who, of course, could be desperately trying to cover their asses) there were serious problems with the case, and convictions in court weren’t likely:

…Postmedia sources point to huge problems with the case that made it virtually impossible to take to court, chiefly the shifting accounts from Rehtaeh herself and independent evidence, including retrieved online messages, that supported the suggestion the sex that took place was consensual.

Even the notorious cell phone picture, first sent by one of the alleged assailants and re-circulated thereafter, shows virtually nothing that would stand up in court.

The photo is of a male naked from the waist down, giving a thumbs-up sign, pressing into the bare behind of another person who is leaning out a window.

[...]

The case was handled by a joint Halifax Regional Police/RCMP sex assault team, the lead investigator a woman.

It took almost a year for the police to bring the case to a senior Crown attorney within the province’s Public Prosecution Service (PPS). Also a woman, she is an experienced sex assault prosecutor.

While in a few provinces, Crown attorneys have to approve charges, Nova Scotia isn’t one of them, though police often ask for legal advice.

(These two arms of the province’s justice system have different legal standards to meet. For police, it’s what’s called RPG, or reasonable and probable grounds, to lay a charge. For prosecutors, it’s “a realistic prospect of conviction” in court.)

Essentially, what police ask is, “Do I have a case here?”

The prosecutor “looked at it really thoroughly,” PPS spokesperson Chris Hansen told Postmedia in a telephone interview Thursday. “She concluded there was no realistic prospect of conviction.”

The officer then turned her mind to a possible child-pornography charge, so the prosecutor referred her to a colleague, one of two PPS specialists in cyber crime, particularly as it relates to child pornography.

“He looked at it carefully as well,” Ms. Hansen said, and also concluded the case had no realistic chance of conviction.

Among the general public – and even among some alleged lawyers who should know better – there seems to be a sense that this matter should have been brought to trial, regardless of any misgivings prosecutors may have had about whether Parsons’s alleged attackers would have been convicted.

But think about what a trial would entail.  Rehtaeh Parsons would have been obligated to tell her story in court, in front of the people who allegedly violated her.  (She may have been allowed to testify behind a screen, so she wouldn’t have to look at the accused, but this wasn’t certain – and in any event, she still would have been in the same room.)   Then she would be cross-examined by counsel for the defendants, who would not be timid in their interrogation of the complaint.

And after all that, a verdict of “not guilty” could have been the result.  It’s not enough for the judge or jury to believe the accused likely carried out the offence.  Guilt must be proven beyond a reasonable doubt, even for accusations like these.  (Actually, especially for serious accusations like these.)

Imagine that you have to decide whether to prosecute this matter.  You believe there are serious, perhaps fatal, weaknesses to the case.  You know forcing this young girl to tell her story in court could be extremely traumatic.  And you think she could be put through all of this only to have the accused walk away.

Without the benefit of hindsight, what would you do?

Posted in Criminal Law | Tagged , , , | 2 Comments

Crime doesn’t pay. Criminals do.

So your income went down after you were convicted of a criminal offence, and now you can’t pay child support?  Too bad:

When it comes to paying child support, courts won’t sympathize with parents who are the authors of their own financial demise through criminal activity, a family court judge recently ruled this month.

In Rogers v. Rogers, Superior Court Justice Alex Pazaratz found an Ontario father who lost his well-paying job due to criminal convictions couldn’t use his reduced income as an excuse to stop paying child support.

The father, Scott Rogers, “is intentionally under-employed. His intentional behaviour caused him to lose employment and limit his opportunities to find replacement employment,” wrote Pazaratz.

Rogers drove without a licence for 10 years and was convicted of driving while suspended 12 times, according to the ruling. He kept driving after each conviction until “it all caught up with him” in February 2011, wrote Pazaratz. The court sent him to jail for eight months, the judge noted.

Rogers’ employer refused to take him back after he got out of jail, forcing him to take up another job that pays far less than his previous income of $74,500. Rogers also accumulated convictions for uttering threats and harassing his ex-wife.

According to the judge, the father “made conscious decisions to do things — illegal things — with the full knowledge that his reckless and anti-social behaviour would make him unavailable (let alone, unacceptable) for employment. The net result is the same as if he’d handed in his resignation.”

The father of two had gone to court with an application to stop paying child support once his income plummeted to an expected $33,000 in 2013. But Pazaratz said his children and ex-wife shouldn’t have to pay for his bad decisions.

[...]

The Ontario Court of Justice decided similarly in Costello v. Costello. In that case, a father sought reduced support for his two children after losing his job following run-ins with the law.

Toronto family lawyer Bill Rogers calls the decision a “really good reminder” for both family lawyers and litigants of how the courts treat parents who lose their jobs through their own actions. “It’s basically like quitting your job,” he says.

According to Pazaratz, the definition of intentional doesn’t require establishing that the father lost his job just so he could stop paying child support. “There is no requirement of bad faith or need to find a specific intent to evade child support. Rather, as the objectives of the child support guidelines state, parents have a joint and ongoing obligation to support their children. Imputing income is one method which courts can use to give effect to this obligation.”

He added: “The expectations placed on the applicant were not terribly onerous: Obey the law. Support your children. It would be counter to public policy to allow the applicant to deliberately breach the first obligation and then use his own misconduct to avoid the second.”

Posted in Child Support, Family Law | Tagged , , | Leave a comment

Slandering the dead

It is understandable that friends and family members would instinctively rush to the defense of loved ones accused of a terrible crime.  And, of course, they’re innocent until proven guilty, and there may be details about the Rehtaeh Parsons case which we haven’t heard yet.

That said, what kind of jackals would do something like this?

Rehtaeh Parsons’ mother is calling a rash of posters, some placed on the street outside her home, a form of harassment.

“It just felt like someone kicked me in the stomach. How dare they do that?” Leah Parsons told Global News.

“My daughter is gone because of them and they have the nerve to show up on my street and my community where my children live and keep harassing us. That’s harassment.”

Rehtaeh was taken off life support just over a week ago, after she hanged herself in her Cole Harbour home. Rehtaeh was allegedly sexually assaulted by four boys in 2011, and a picture of the assault was distributed throughout her school. An initial police investigation did not yield any charges.

Parsons says it was the assault and subsequent bullying that pushed her daughter to commit suicide.

The posters, printed in bright neon colours, were put up in Cole Harbour, Eastern Passage and Halifax. Entitled “Speak the Truth,” the posters encourage people to “listen before you judge” and to “stay strong” and “support the boys.”

[...]

This isn’t the only backlash. After Sunday’s rally outside the Halifax Regional Police headquarters on Gottingen St, a counter-protest took place with the same message of “support the boys.” There was also a Facebook page created to support the young men, although it has since been taken down reportedly at the behest of the RCMP.

“Just keep your heads up guys,” wrote one poster. “This will go away in time and just keep in mind everybody that knows you, knows you didn’t do anything.”

Global News has tried repeatedly to reach out to the boys and their families, but they have not offered a comment. [emphasis added]

I never saw the defunct pro-accused Facebook page.  But the feminist blog Dance of Red has been monitoring the alleged rapists’ supporters online, and as you might expect, they’re overwhelmingly focused on attacking the character of a girl who can no longer fight back.

And they think this makes them look innocent.

Posted in Criminal Law, Media | 2 Comments

Remember Richard Jewell

In the wake of yesterday’s terrorist atrocity* in Boston, some words of caution from Popehat:

A terrorist detonated a bomb at Atlanta’s Olympic Park, during the 1996 Olympic games. That terrorist was Eric Robert Rudolph, who pled guilty to the crime along with a number of abortion clinic bombings. Mr. Rudolph ispresently a guest at the ADMAX hotel in Florence Colorado.

For nine years, Richard Jewell labored under suspicion that he’d been the bomber. In fact, Richard Jewell was a jewel of a man, a private security guard who spotted the bomb, informed the police of its existence, and escorted park visitors off the site until the bomb exploded. Jewell was a hero.

Such an unlikely hero, it occurred to the FBI, and CNN, and NBC, and the New York Post, and the Atlanta Journal Constitution, that he must have planted the bomb. After all, private security guards are losers. Mall cops. And Jewell, for all his common sense and bravery in a crisis, was an odd man. A little weird, a law-enforcement wannabe who’d just happened to be in the right place at the right time, then went on tv talking as though he was an actual cop. And he was fat.

Obviously that weirdo Jewell had planted the bomb so he could take credit for discovering it.

Or so it seemed, for some reason, to the FBI, which leaked Jewell as the primary suspect, and CNN, and NBC, and the New York Post, and the Atlanta Journal Constitution, which took the leak, a perfect story after all, and used it to make Jewell’s life Hell on Earth.

[...]

If the FBI, and CNN, and NBC, and the New York Post, and the Atlanta Journal Constitution, and All Of Us, could get the Atlanta bombing sotragically wrong in 1996, they, and we, can do it today. In the days to come, it would behoove All Of Us to take what the FBI, and CNN, and NBC, and the New York Post, and their ilk, have to say about suspects and motives with a grain of salt.

Lest we find outselves owing someone a Richard Jewell-sized apology.

Perhaps the best apology we, All Of Us, can give to Richard Jewell is to be a little more skeptical of what we’re told by the FBI, and CNN, and NBC, and the New York Post, and the Atlanta Journal Constitution, and their ilk.

It will do Richard Jewell no good whatsoever, but it will make All Of Us better citizens.

 

This doesn’t mean we should go full Alex Jones (you never go full Alex Jones), but we already know that much of what was reported yesterday – the “bomb” at the JFK Library, for example – was incorrect.  It will be a long time before we know the full story, even though CNN/Fox News/MSNBC have to fill 24 hours of air time per day right now.

*Can we please stop using the word “tragedy” to describe what happened?  Hurricanes and tsunamis are tragedies.  What happened in Boston yesterday was a crime.

Posted in Uncategorized | Tagged , , , | Leave a comment

Where is Andy’s Dad?

Heavy, dude:

Between all the fun characters, the magical nature of the toys, and burning questions like “What is the sex like between Mr. and Mrs. Potato Head?” it’s easy to forget that there are human characters in this movie. Namely, the toys’ owner, Andy; his little sister, Molly; their mom; and … wait a minute, where’s the dad? This theory by Jess Nevins explains his absence by claiming that, while Buzz Lightyear and Woody are having wacky adventures, Andy’s parents are getting a divorce.

Each Toy Story movie covers a milestone in the life of Andy: his 10th birthday, the first time he goes to summer camp, and the day he leaves for college. And for all of these important events, Andy’s father is always absent, with no explanation. Also, look at Andy’s house: There are photos of Andy, his mom, and his sister, but no dad in sight.

Then there’s the fact that in the first movie, we see the hand of Andy’s mom as she’s bringing over his present. Guess what: There’s no wedding ring.

If Andy’s dad just happened to be on a business trip or was, like, standing in the other room the whole time, you’d still probably see some evidence of his existence. Obviously there could be many, many explanations for this, but it seems likely that either Andy’s parents broke up in a bitter divorce or his dad up and left the family at some point after Molly was conceived (which wasn’t that long before the first movie, since she’s a baby). If the father left recently, this would also explain why the family is moving to a smaller house in the first movie: It’s all they can afford on one salary.

It’s amazing (and kind of depressing) how many animated movies have no fathers in them.  (And even in those that do, it rarely ends well for him.)

Posted in Divorce | Tagged , , , , | 1 Comment

A voice of reason

Chris Selley in the National Post:

As if contemplating a tormented child taking her own life isn’t horrible enough, we must now live with online blame-mobs grabbing hold of a narrative and demanding justice — and not necessarily in a courtroom. We are seeing it again this week in the sad case of Rehtaeh Parsons, a Nova Scotia 17-year-old who killed herself last week, her mother Leah Parson claims, after being raped and bullied relentlessly by peers over photographs of the assault.

On Facebook, in comment sections and on blogs, people are calling for Rehtaeh’s alleged rapists and bullies to be outed, named and shamed (only without using the word “alleged”). Some want Anonymous — which fingered the wrong alleged culprits after British Columbia teenager Amanda Todd committed suicide in October — to get in on the act. What could go wrong, right?

Plenty. Being accused of rape is a hell of a stigma nowadays, and rightly so. That’s why we leave such accusations to the professionals.

The police say they investigated Rehtaeh’s allegations, but found insufficient evidence to lay charges. Ms. Parsons accuses the police of neglecting to interview the accused until “much, much later.” And the police should answer for that, if it’s true. But when cops screw up, cases fall apart. Neither vigilantism nor compromising the usual standards by which justice is done is an appropriate remedy.

[...]

In her tremendous new book about bullying, Sticks and Stones, Emily Bazelon relates the story of Phoebe Prince, a Massachusetts 15-year-old who committed suicide in 2010 after an intense bout of high-school drama. It was nothing you wouldn’t expect a healthy child to pull through, and indeed Phoebe suffered from clinical depression (the “reddest red flag for suicide,” as Ms. Bazelon puts it). But the media reduced the narrative to simple “bullycide” — “the paradigmatic parable of teenage evil.”

Elected prosecutors charged six students with a dizzying range of offences: Assault with a deadly weapon for one who threw a pop can at Phoebe; statutory rape for two older teenagers who had consensual sex with her; a civil rights violation for one who called Phoebe an “Irish slut”; and causing bodily injury, i.e., Phoebe’s death. There was nothing to support this. It was madness, and a sane prosecutor eventually all but abandoned the cases. But in the meantime, worse than nothing was accomplished.

Update: Parsons’s mother is speaking out against vigilantism:

The mother of a Halifax teenager who killed herself after allegedly being raped and photographed by four boys is making a public plea for people to leave the boys linked to the allegations alone.

Rehtaeh Parsons, 17, died on the weekend after trying to take her life last Thursday. Leah Parsons says her daughter was raped by four boys when she was 15, and then became the victim of bullying and harassment after a picture taken on the night of the alleged attack was circulated.

[...]

Parsons took to Facebook to tell her daughter’s story and shame the unnamed alleged perpetrators. By Wednesday morning, an online petition calling for an inquiry into the police investigation had garnered more than 6,000 signatures.

“I don’t want more bullying. Rehtaeh wouldn’t want more bullying. I don’t think that’s justice,” Parsons said.

She called the police investigation into the case horrible, but said she doesn’t want vigilantes to go after the boys, none of whom have been charged.

“I think they need to be accountable for while that they did,” Parsons said. “I don’t want them to be physically harmed.”

Posted in Criminal Law | Tagged , | 1 Comment