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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 Amanda Lee
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    Jul 9th 2013, 9:27 AM

    I don’t understand why these anti choice loons aren’t arrested for harassment and/or trespassing? If it was any other group of people they would be reprimanded but because its”pro life”they get away with it?! Why are they being tolerated and getting preferential treatment?!

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    Mute Aoife Ni Riain
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    Jul 9th 2013, 11:13 AM

    I fully agree Amanda, it’s not fair to drive a person from their home. Arrests should be made.

    21
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    Mute Tony Daly
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    Jul 9th 2013, 8:54 AM

    Anti-abortion zealots.

    Interesting that An Garda Siochana apparently told him that they were unable to guarantee his security. That has yet to be verified but, if it is true,

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    Mute Tony Daly
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    Jul 9th 2013, 8:58 AM

    Then it is shocking.

    Of course, you could not risk an escalation by arresting an anti abortion activist. That would cause mayhem.

    As we curtail all of the social, practical and economic supports for pregnant women, we concern ourselves with legislation.

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    Mute Frank Carty
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    Jul 9th 2013, 9:11 AM

    What those pro life nuts did is terrorism. Ireland does not negotiate with terrorists.

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    Mute Mary
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    Jul 9th 2013, 9:21 AM

    #7 My water pressure is already ridiculously low. Does that mean I won’t have to pay?!

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    Mute Eric Davies
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    Jul 9th 2013, 11:37 AM

    same here mary, not only is our water pressure low the water is full of limescale, have to de-scale our kettle every week (using lemon juice overnight , it’s much safer than chemical descalers and you only need rinse out the kettle once next morning.) ourshower head has to be done eery couple of weeks and we gave up on electric kettles ,they only lasted a month before the limescale rotted them, out emersionelement is replaced every 12 months too otherwise it blows all the fuses. we used to getgreatpressure here untill about3 yrs ago when the council replacedthe water meteres since then its been inconsistent to say the least, only hopewhen they replace the meteres this time they do the job properly for a change.

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    Mute Siobhan Feely
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    Jul 9th 2013, 9:29 AM

    meanwhile the youth defence website has been hacked :)

    http://www.youthdefence.ie/index.html

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    Mute Daisy Chainsaw
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    Jul 9th 2013, 9:29 AM

    Anti-choice terrorist filthbags up to their old tricks again. Check out what they’re saying now! http://www.youthdefence.ie/index.html

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    Mute Patrick
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    Jul 9th 2013, 9:32 AM

    They have to be mentally unstable.

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    Mute Niall Cavanagh
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    Jul 9th 2013, 11:56 AM

    It does not make sense to me why these pro life people are protesting. Isn’t the sole purpose of this legislation to clarify the x case ruling in the courts 20+ years. And the TDs that want to get the suicide clause removed! That’s the whole point of the legislation! Removing that would totally defeat the purpose of passing it at all!

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    Mute Marion Murphy
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    Jul 9th 2013, 10:48 AM

    Derek Keating one of the local pillars of the Catholic Church in Lucan, considering he is a Eucharistic Minister there I’m surprised the pro-aborts are so defenisive of him & concerned for his wellbeing.

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    Mute Drunk Tweets
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    Jul 9th 2013, 12:51 PM

    We’re concerned for his well-being because he’s a living human being, and not a cluster of cells that are a potential threat to a woman’s life.
    What he does in his spare time is his own business.

    What’s not surprising is that you and your youth defense ilk don’t really seem to care about actual living people.
    Yeah, your Facebook page isn’t too private.

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    Mute Mary Kavanagh
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    Jul 9th 2013, 7:04 PM

    What irony, a practising Catholic being harrassed and threatened by anti-abortion people. This legislation is for the whole of Ireland. TD’s have a duty to legislate according to the will of the people. Micheal Martin in allowing a free vote allowed TD’s in his party to evade their parliamentary duty.

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    Mute Michelle Bourke
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    Jul 9th 2013, 9:29 AM

    #3 the domestic violence link is not working

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    Mute vv7k7Z3c
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    Jul 9th 2013, 9:34 AM

    Hmm, it seems to be working ok at this end. I’ll push a few buttons and see if something needs to be fixed.

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