One of two men convicted of conspiracy to derail a train of Via Rail was expelled from the court on Tuesday for the denunciation of schizophrenia thesis before him during the hearing for sentencing.
In his psychiatric evaluation of the accused required by the court, Dr. Lisa Ramshaw argued that the delusional thoughts of Chiheb Esseghaïer had developed over time, and even at the trial. The psychiatrist has estimated qu’Esseghaier is not seen as a criminal but as a visitor to the court, the court came to bring his knowledge about the true ways of Islam.
These assertions have not had the good fortune to please Chiheb Esseghaïer, which is lying at the bottom of the dock in the middle of testimony. Questioned by the judge, Esseghaïer explained angrily that he was lying on the ground to not hear “the lies of this woman.”
Justice Michael Code took the view that under the law, can not be considered that the accused is present in court if he is lying and sleeping, and he asked the officers to get out of the room Esseghaïer of hearing.
It is the judge who had demanded a psychiatric evaluation in May, when Esseghaïer told the court that he was created by God “to prevent humanity” if it did not observe the precepts of the Koran, it suffer “the fires of hell.” Esseghaïer had also refused to take an active part in this trial, wishing to be judged according to the precepts of the Koran, not according to the law of men.
Raed Jaser and Chiheb Esseghaïer were convicted by a jury in more charges in March, for conspiring to derail a passenger train between New York and Toronto, the benefit of a terrorist group. They risk life imprisonment for the single count of conspiracy to commit murder in a terrorism case. The trial judge heard since Monday morning, the Toronto courthouse, testimonials and observations before deciding to sentence the two men.
Earlier Tuesday morning, the Crown had continued to undermine the credibility of the psychologist who argued yesterday that the second accused in this matter, Raed Jaser, had not been motivated by Islamism but rather by addiction, something entirely is unprecedented in the trial.
Dr. Jess Ghannam, licensed psychologist and professor of psychiatry at the University of California in San Francisco, argues that Jaser, permanent residents of Palestinian origin, had created a very pious man picture the sole purpose of misleading the Muslim community in order to continue to use drugs.
At the request of the defense, Professor Ghannam conducted interviews with parents, brother, wife and sister-Jaser, 37 years old. The psychologist concluded that it did not present a “coherent Islamist ideology” and that he had no intention of hurting anyone.
On Tuesday, the Crown prosecutor, Croft Michaelson, questioned the objectivity of Ghannam psychologist in this case, accusing him of fiddling the facts so that they eventually accredit his thesis. “Before you even finish your report, you had already concluded that Jaser was a drug addict,” argued Mr. Michaelson.
The Crown also accused of ignoring Ghannam Professor diagnostic tests that demonstrated that Jaser did not present many psychological distress for an addict. The psychologist said that these tests are only one of the tools of evaluation.
There was never any question of this drug during the trial. Jaser’s lawyer argued that his client pretended to be interested in the terrorist plot for the sole purpose of extracting money to his two accomplices – Esseghaïer and an undercover agent of the US federal police (FBI).