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Mohammad Shafia, Tooba Yahya and their son Hamed Shafia arriving at the courthouse in Ontaria at the weekend Nathan Denette/The Canadian Press/Press Association Images

Family found guilty of murdering three daughters in "honour killing"

Prosecutors said the defendants killed the teenage sisters for defying rules on dress, dating, socialising and using the internet.

A JURY IN Canada has found three members of an Afghan family guilty of killing three teenage sisters and another woman in what the judge described as “cold-blooded, shameful murders” resulting from a “twisted concept of honour”.

The guilty verdict ends a case that had shocked and riveted Canadians.

Prosecutors said the defendants allegedly killed the three teenage sisters because they dishonored the family by defying its disciplinarian rules on dress, dating, socialising and using the Internet.

The jury took 15 hours to find Mohammad Shafia, 58; his wife Tooba Yahya, 42; and their son Hamed, 21, each guilty of four counts of first-degree murder. First-degree murder carries an automatic life sentence with no chance of parole for 25 years.

After the verdict was read, the three defendants again declared their innocence in the killings of sisters Zainab, 19, Sahar 17, and Geeti, 13, as well as Rona Amir Mohammad, 52, Shafia’s childless first wife in a polygamous marriage.

Their bodies were found June 30, 2009, in a car submerged in a canal in Kingston, Ontario, where the family had stopped for the night on their way home to Montreal from Niagara Falls, Ontario.

The prosecution alleged it was a case of premeditated murder, staged to look like an accident after it was carried out. Prosecutors said the defendants drowned their victims elsewhere on the site, placed their bodies in the car and pushed it into the canal.

Judge: the evidence supported the conviction

Ontario Superior Court Judge Robert Maranger said the evidence clearly supported the conviction.

“It is difficult to conceive of a more heinous, more despicable, more honorless crime,” Maranger said. “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.”

In a statement following the verdict, Canadian Justice Minister Rob Nicholson called honour killings a practice that is “barbaric and unacceptable in Canada.”

Defence lawyers said the deaths were accidental. They said the Nissan car accidentally plunged into the canal after the eldest daughter, Zainab, took it for a joy ride with her sisters and her father’s first wife. Hamed said he watched the accident, although he didn’t call police from the scene.

After the jury returned the verdicts, Mohammad Shafia, speaking through a translator, said, “We are not criminal, we are not murderer, we didn’t commit the murder and this is unjust.”

His weeping wife, Tooba, also declared the verdict unjust, saying, “I am not a murderer, and I am a mother, a mother.”

Their son, Hamed, speaking in English said, “I did not drown my sisters anywhere.”

Hamed’s lawyer, Patrick McCann, said he was disappointed with the verdict, but said his client will appeal and he believes the other two defendants will as well.

‘This sends a clear message about our Canadian values’

But prosecutor Gerard Laarhuis welcomed the verdict.

“This jury found that four strong, vivacious and freedom-loving women were murdered by their own family in the most troubling of circumstances,” Laarhuis said outside court.

“This verdict sends a very clear message about our Canadian values and the core principles in a free and democratic society that all Canadians enjoy and even visitors to Canada enjoy,” he said to cheers of approval from onlookers.

The family had left Afghanistan in 1992 and lived in Pakistan, Australia and Dubai before settling in Canada in 2007. Shafia, a wealthy businessman, married Yahya because his first wife could not have children.

Shafia’s first wife was living with him and his second wife. The polygamous relationship, if revealed, could have resulted in their deportation.

Unhappy household

The prosecution painted a picture of a household controlled by a domineering Shafia, with Hamed keeping his sisters in line and doling out discipline when his father was away on frequent business trips to Dubai.

The months leading up to the deaths were not happy ones in the Shafia household, according to evidence presented at trial. Zainab, the oldest daughter, was forbidden to attend school for a year because she had a young Pakistani-Canadian boyfriend, and she fled to a shelter, terrified of her father, the court was told.

The prosecution said her parents found condoms in Sahar’s room as well as photos of her wearing short skirts and hugging her Christian boyfriend, a relationship she had kept secret. Geeti was becoming almost impossible to control: skipping school, failing classes, being sent home for wearing revealing clothes and stealing, while declaring to authority figures that she wanted to be placed in foster care, according to the prosecution.

Shafia’s first wife wrote in a diary that her husband beat her and “made life a torture,” while his second wife called her a servant.

Details from wire taps

The prosecution presented wire taps and mobile phone records from the Shafia family in court to support their honor killing allegation. The wiretaps, which capture Shafia spewing vitriol about his dead daughters, calling them treacherous and whores and invoking the devil to defecate on their graves, were a focal point of the trial.

“There can be no betrayal, no treachery, no violation more than this,” Shafia said on one recording. “Even if they hoist me up onto the gallows … nothing is more dear to me than my honor.”

Defense lawyers argued that at no point in the intercepts do the accused say they drowned the victims.

Shafia’s lawyer, Peter Kemp, said after the verdicts that he believes the comments his client made on the wiretaps may have weighed more heavily on the jury’s minds than the physical evidence in the case.

“He wasn’t convicted for what he did,” Kemp said. “He was convicted for what he said.”

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25 Comments
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    Mute Shane Dunne
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    Nov 14th 2017, 7:23 PM

    Great idea – similar laws in other countries. Should give people the right amount of time in between jobs to find their feet.

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    Mute Conor Kirwan
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    Nov 14th 2017, 10:00 PM

    Or, maybe we could introduce a system of universal healthcare so that healthcare is accessible and affordable for everyone, and not just those who can afford insurance!

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    Mute Misanthrope
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    Nov 14th 2017, 8:18 PM

    A yrs health insurance every 18 months from now on then

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    Mute ryan3939
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    Nov 14th 2017, 9:33 PM

    @Misanthrope: I take a break of 13 weeks every year when it comes up for renewal and I do not lose cover or waiting time.
    You are allowed 13 weeks to shop about

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    Mute Misanthrope
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    Nov 14th 2017, 10:18 PM

    @ryan3939: I should too but couldn’t be arsed. Going to start doing it now.

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    Mute Nosmo King
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    Nov 14th 2017, 10:28 PM

    @ryan3939: How can you not lose cover if you take that 13 week break ? Do you mean that the insurance company will honour anything within those 13 weeks even if you haven’t paid you renewal ?

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    Mute Mirabelle Stonegate
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    Nov 14th 2017, 10:40 PM

    @Nosmo King: No, the current system is that, if you cancel a policy from today, you have 13 weeks from today to take up a policy again, before being slapped with waiting periods as a new customer.

    So, if you cancel today, and in a month you find out that you need surgery soon, you can call up, set up a policy from the date of the call, and continue on as if nothing happened.

    you can also backdate that 13 weeks if you want, but you do have to pay for the time.. which is fine, if you needed cover during the 13 weeks, but if you didn’t, then just setting up from the date of the call is a good option.

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    Mute Nosmo King
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    Nov 14th 2017, 10:47 PM

    @Mirabelle Stonegate: Thanks for that. I’m surprised that insurance companies of all businesses allow such an anomaly to exist.

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    Mute Alison Sheppard
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    Nov 14th 2017, 11:23 PM

    @Nosmo King: I’d say they would say you knew about whatever illness it was and that it was a pre-existing condition so not covered, so basically you don’t have cover for the 13wks your not paying for

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    Mute Misanthrope
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    Nov 14th 2017, 11:56 PM

    @Alison Sheppard: if you’ve completed your waiting periods your free and clear on that score.

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    Mute Mirabelle Stonegate
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    Nov 15th 2017, 7:06 AM

    @Nosmo King: Np, i spent 6 years in health insurance. This is something that was set out by the likes of the health inurance authority, in order to be fair to health insurance holders

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    Mute lavbeer
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    Nov 14th 2017, 7:36 PM

    That stamp duty is 444 per adult and 148 per child. 1184 for the typical 1 adult 2 kid family. Ridiculous really

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    Mute cars
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    Nov 14th 2017, 8:09 PM

    @lavbeer: it’s disgraceful how much of it goes straight to the government. If the tax on the cost of the policies was reduced or removed, health insurance might be more affordable to most.

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    Mute Lydia McLoughlin
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    Nov 14th 2017, 9:03 PM

    @lavbeer: but will the saving REALLY be passed on – it rarely is! Remains to be seen.

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    Mute Mirabelle Stonegate
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    Nov 14th 2017, 10:43 PM

    @cars: For the government health levy (this is the 444, rather than the separate lifetime community rating levy), most of that money actually goes to VHI.

    The health levy goes into a pot, and is then divvied up between the insurers. VHI gets something like 80% of the pot, based on how many older (over 65) members they have, and the remainder is split between Laya and Irish Life Health.

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    Mute lavbeer
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    Nov 14th 2017, 10:45 PM

    @Mirabelle Stonegate: yea it does but it’s up to 50% of my premium which now generally is worthless.

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    Mute Mirabelle Stonegate
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    Nov 15th 2017, 7:09 AM

    @lavbeer: Totally agree. Its just under 50% for me, and the kicker is that i am with irish life health.. Yet i am still paying vhi a substantial amount, in essence.

    The levy was introduced and set out this way, because of the fact that vhi was previously fulky government owned.

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    Mute John C Thomas
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    Nov 14th 2017, 7:48 PM

    Nice to see some bits and pieces coming our way for a change.

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    Mute Dave barrett
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    Nov 14th 2017, 11:17 PM

    What happens if you get sick during the break

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    Mute Alison Sheppard
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    Nov 14th 2017, 11:22 PM

    @Dave barrett: you won’t have cover if your on a break, but means when you restart you won’t have waiting period again

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    Mute ForeverFeel1ng
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    Nov 15th 2017, 12:22 AM

    Say what you will about our health service but our Health Insurance market is actually regulated quite fairly all things considered.

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    Mute Ronan Sexton
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    Nov 15th 2017, 11:22 AM

    @ForeverFeel1ng: Is that why it goes up every year and is that why the insures never question a hospital bill which is mainly makey uppy in the first place? People in wards being charged for private rooms etc, that kind of regulation?

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