Via Rail plot trial: Raed Jaser, Chiheb Esseghaier found guilty on several terror charges

Raed Jaser and Chiheb Esseghaier, two men accused of plotting to derail a Via passenger train travelling between Canada and the U.S., have been found guilty of a series of terror-related charges.

Esseghaier was found guilty of all charges against him while Jaser was convicted on all but one charge. After 10 days of deliberation, the jury said it was "irrevocably deadlocked" on the charge against Jaser of "conspiring to interfere with transportation facilities for the benefit of a terrorist group." 

But Judge Michael Code told jurors he would accept their unanimous decision on the other charges.

Among other charges, both men were found guilty of conspiring to commit murder for the benefit of, at the direction of, or in association with a terrorist group. 

Jaser’s lawyer had argued that his client was only pretending to be interested in the plan as part of an elaborate scheme to extract money from Esseghaier and the undercover officer.

Both men could face maximum punishment of life in prison.

'Serious public dangers'

The lead prosecutor Croft Michaelson said it was an overwhelming case in terms of evidence against the two men. But he said it was also a difficult and legally complex case, which is why it took the jurors 10 days to come to their verdicts.

Asked about the accused, Michaelson said he would describe them as "real serious public dangers."

Meanwhile, John Norris, defence lawyer for Jaser, praised and thanked the jurors for their diligence, despite the verdict. 

"Raed is obviously disappointed, but he remains resilient, he remains strong, he continues to have confidence in us and continues to have confidence in the administration of justice," Norris said.

Asked about the one charge that deadlocked jurors, Norris said that the evidence on that charge and all of the charges was "highly equivocal" and that there were different explanations for the evidence. 

"And that narrative seems to have held with some of the jurors. Regrettably, not with all of them," he said. "And we'll see how things unfold in future proceedings."

FBI agent evidence most important, judge said 

Before the jurors began their deliberations last week, the judge told them that the most important evidence in the case was 25 hours of secretly recorded conversations between the accused and an undercover FBI agent.

The officer posed as a wealthy Egyptian-American real estate developer whose views had supposedly become more hardline in recent years and who was a willing accomplice in the alleged conspiracy.

He rented a "safe house," which had been bugged by police, for the operation. And he bought the two accused plotters meals, drove them to scouting locations and handed out cash.

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The court heard conversations in which Jaser and Esseghaier discussed their ideologies, the alleged plot to derail a Via Rail train travelling between New York and Toronto and other ideas for potential attacks, including Jaser’s alleged "sniper plot" idea, which would have been in retaliation for Canadian military actions in Muslim countries.

Jurors were also shown aerial surveillance of the two accused and the undercover officer scouting a railway bridge in September 2012 in broad daylight as several trains passed by only metres away.

Their presence on the bridge drew attention, and the men were stopped after they had returned to their vehicle by uniformed Toronto police officers who were unaware the men were under surveillance. The FBI agent told officers they were sightseeing and the men were given a warning.

Esseghaier refuses to participate in trial

Jaser, a Canadian permanent resident of Palestinian descent, pleaded not guilty. He did not testify in his own defence.

Esseghaier, a Tunisian national who was pursuing a PhD in Montreal when he and Jaser were arrested in April 2013, chose not to participate in his trial, because he wants to be judged by the rules of the Qur'an.

He did not cross-examine any witnesses or bring a defence, but he did offer the jury what he considered "sincere advice" in an unusual written closing statement, urging them to follow the rules of the Qur'an and prepare for "judgment day."

He had a not guilty plea entered by the judge. 

Esseghaier was charged with and found guilty of:

• Conspiring to murder persons unknown for the benefit of a terrorist group.
• Conspiring to interfere with transportation facilities for the benefit of a terrorist group.
• Three counts of participating in the activities of a terrorist group.

Jaser was charged and found guilty of:

• Conspiring to murder persons unknown for the benefit of a terrorist group.
• Two counts of participating in the activities of a terrorist group.

A mistrial was declared on Jaser's charge of conspiring to interfere with transportation facilities for the benefit of a terrorist group