Canada closer to extraditing Scots over man's death

Sharif Rahman died after reportedly confronting three men over an unpaid restaurant bill

Canadian prosecutors have moved a step closer to extraditing three Scots to North America over their alleged involvement in the death of a restaurant owner in Ontario.

Robert Evans, 24, has been charged with manslaughter of father-of-one Sharif Rahman, 44, in August 2023.

Evans' father Robert Busby Evans, 47, and uncle Barry Evans, 54, have been charged with accessory after the fact to commit an indictable offence.

There have been several hearings in Edinburgh since Ontario Provincial Police announced charges in December.

At Edinburgh Sheriff Court, Sheriff Komorowski sided with Canadian prosecutors, arguing that there was an equivalent offence in Scottish law to being an accessory to the fact.

The court ruling will not lead to immediate extraditions and could be appealed.

Alleged street attack

The three Scots 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.

It has been reported that Mr Rahman followed the Evans family into the street outside the restaurant where a physical altercation allegedly took place.

Mr Rahman 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 over an outstanding international warrant.

The alleged attack took place outside Mr Rahman's restaurant in Owen Sound

Canadian media outlets have reported that the three Scots were in the country on visitor visas and left shortly after the incident involving Mr Rahman.

Otario prosecutors claimed the older Evans men illegally attempted to frustrate the investigation into Mr Rahman's death.

The court heard that Barry Evans drove his nephew 40 miles away from the scene after the alleged attack.

Robert Busby Evans is claimed to have arranged for his son to return to Scotland the following day.

Sheriff Komorowski said that on the same day Barry Evans retrieved his deposit and driving licence from a hotel.

"He also removed his guest registration containing his name, signature and car registration," the judge said.

He said this was done as part of efforts "to avoid the implication that Robert Evans might have been present at the scene".

Judge's decision

Lawyers for the two older Evans family members argued that there was no equivalent act to being an accessory to the fact and that the extradition request should be refused.

In a written judgement, Sheriff Komorowski 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 said: "That is so regardless of whether pursuit of that individual has yet commenced, or indeed regardless of whether any investigation has begun."

Sheriff Komorowski said the 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."

A spokesperson for the Crown Office said previously that it did not comment on extradition matters.