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| John L. Hill |
Police centred an investigation on three men who came to the restaurant. A dispute erupted shortly after 9:15 p.m. on Aug. 17. Media described the confrontation as a “dine and dash” melee. The assault occurred on the sidewalk near the business. One year after the assault, Owen Sound Police Services and the OPP announced that arrests had been made. The police had released images of two men running from the area, as well as images of a vehicle believed to have been involved. At the time, they provided descriptions of three men they were looking for. Police released few other details. In December 2024, it was announced that Robert Evans, 24, of the United Kingdom, was charged with manslaughter. Robert Busby Evans, 47, also of the U.K., was charged with being an accessory after the fact to commit an indictable offence. Both men had been charged in July. As well, Barry Evans, 54, of the U.K., was arrested on Oct. 29 and charged with being an accessory after the fact to commit an indictable offence.
“The individuals are currently in the U.K. and are before the courts in relation to extradition. There are no timelines available for the extradition of the accused individuals,” police said. The three were held in custody awaiting extradition.
In the days following Rahman’s death, the whole community felt victimized. Owen Sound held vigils, walks and other gatherings in Rahman’s memory and to support his family. A GoFundMe for the family raised $250,000 from more than 3,000 individuals. The whole community is demanding justice.
A spokesperson with the Scottish Courts and Tribunal Service stated that the three accused men would face a preliminary hearing, with a full extradition hearing to be held thereafter.
In an unusual move, counsel for the three accused sought to have the court deny extradition and claimed that overcrowding and “harsh conditions” in Ontario provincial jails are “known issues” and should be considered in the extradition decision. The lawyer complained that the Ontario ministry does not provide access to adequate health care and referred to an outbreak in March of streptococcal A disease that killed two inmates at the Maplehurst Correctional Complex.
He was referring to deaths that occurred recently at the Maplehurst Correctional Complex in Milton, Ont., due to an outbreak of invasive group A streptococcal disease. The lawyer indicated that a full report of substandard prison conditions in Ontario will be presented to the court. The Toronto Star reported that “Sheriff Julius Komorowski, who presided over the hearing, instructed the prosecution to liaise with Ontario authorities to determine where the three men would be held if extradited and to seek assurances about jail conditions.”
Ontario courts have been advised by criminal defence counsel of inhumane conditions. Toronto lawyer Jeff Hartman of the law firm Lockyer Zaduk Zeeh pressed this issue in two cases in the Ontario Court of Justice. Hartman argued prison conditions should moderate extreme penalties in R. v. Dooley and R. v. Sanchez-Neria. Justice Mabel Lai of the Ontario Court of Justice commented that Hartman was not wrong in characterizing the conditions at Maplehurst as a suspension of the rule of law.
It is not yet determined if the dreadful conditions in Ontario jails will be sufficient to block the extradition of the three accused in the Owen Sound case. It should be noted that conditions in Ontario jails have now become an international embarrassment.
John L. Hill practised and taught prison law until his retirement. He holds a J.D. from Queen’s and an LL.M. in constitutional law from Osgoode Hall. He is also the author of Pine Box Parole: Terry Fitzsimmons and the Quest to End Solitary Confinement (Durvile & UpRoute Books) and The Rest of the [True Crime] Story (AOS Publishing). Contact him at johnlornehill@hotmail.com.
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