Canadian prosecutors win bid to extradite Scots over death of restaurateur

Canadian prosecutors have won a battle in their bid to extradite three Scots wanted in Ontario for their alleged involvement in the death of a restaurant owner.

Lawyers for Canada had to prove to Sheriff Julius Komorowski that the offences allegedly committed were ones recognised in Scots law.

Canadian authorities want Robert Evans, 24, his father, Robert Busby Evans, 47, and his uncle Barry Evans, 54, returned from Scotland to their country.

They say the three men were involved in the death of a man called Sharif Rahman in Owen Sound, Ontario in August 2023.

Ontario provincial police said the 24-year-old had been charged with manslaughter while his father and uncle were charged with accessory after the fact to commit an indictable offence.

In order to be extradited from Scotland, prosecutors have to show that there is an equivalent offence to being an accessory to the fact in Scottish law.

Lawyers for the two older Evans argued that there was no equivalent act and that the request made by Canada to have them extradited should be refused.

In a written judgement published on Tuesday, Sheriff Komorowski concluded there is. He concluded that if the men had committed their alleged offences in Scotland, both the father and uncle would have been prosecuted under the charge of attempting to defeat the ends of justice.

He wrote: “I hold that, under the law of Scotland, it is the crime of attempting to defeat the ends of justice to assist another in fleeing to avoid apprehension for a crime that the assisted person has committed.

“That is so regardless of whether pursuit of that individual has yet commenced, or indeed regardless of whether any investigation has begun.

“Accordingly, I find that Barry Evans and Robert Busby Evans are wanted for conduct that would be criminal according to the law of Scotland if it had occurred here.”

The three men were said to have been on holiday in Canada when a dispute allegedly broke out over an unpaid $150 restaurant bill at The Curry House in Owen Sound on August 17, 2023.

It has been claimed that restaurateur Sharif Rahman followed the Evans family into the street outside his restaurant, where a physical altercation is alleged to have ensued.

The 44-year-old married father-of-one was found injured by a staff member and died a week later in hospital in London, Ontario.

The three men were arrested in Edinburgh and Dalkeith last year in connection with an outstanding international warrant.

Canadian media outlets have reported that Robert Evans and his father and brother were in the country on visitors visas and left shortly after the incident involving Mr Rahman.

It has been claimed that Barry drove Robert Junior 40 miles away from the scene after the alleged attack. Robert Senior is also alleged to have arranged for his child to return to Scotland the following day.

Sheriff Komorowski wrote: “Also, the next day (August 18, 2023), Barry Evans attended at the hotel in which he had booked rooms the day before for him and the brother of Robert Evans.

“He had made that booking just before attending at the restaurant. On his return there the next day, he retrieved his deposit and driving licence.

“He also removed his guest registration containing his name, signature and car registration.

“This was done as a means of avoiding Barry Evans and Robert Evans’ brother being placed close to the scene of the crime, which in turn was to avoid the implication that Robert Evans might have been present at the scene.”

Prosecutors in Canada claim the alleged actions by the two men were committed in a bid to frustrate the investigation into Mr Rahman’s death and were illegal.

Sheriff Komorowski wrote: “It follows that, with respect to the allegations against Barry Evans concerning items taken by him from the hotel the day after the incident, the dual criminality requirement is met.

“It does not matter whether there was in fact any investigation ongoing or whether Barry Evans knew of any investigation.

“I consider the alleged connection between these items and avoiding the identification of Robert Evans (junior) as a perpetrator quite tenuous.

“But as counsel for the requested persons properly acknowledged, it is not for me to decide what inferences might properly be drawn from the behaviour alleged as to what the purpose was in taking these items.

“That is a question as to guilt or innocence which is solely for the courts of the requesting state to determine after a criminal trial.”

The two older men were represented in proceedings by advocate Sarah Loosemore. According to her Faculty of Advocates profile, Ms Loosemore practiced in the superior and appellate courts in Ontario before calling to the bar in Scotland.

Sheriff Komorowski also said that his ruling did not mean the three men could be extradited immediately.

He added: “As there are other matters yet to be determined that might preclude the extradition of these two individuals, this decision does not bring these extradition proceedings to a conclusion.

“If ultimately the court refers the extradition of these two individuals to the Scottish Ministers, and the Ministers order extradition, then there is a right of appeal to the High Court of Justiciary.

“As part of such an appeal, this decision on dual criminality can be reviewed.”