EDINBURGH – Three men from Scotland have agreed to extradition to Canada to face trial regarding the death of Sharif Rahman, a restaurant owner from Owen Sound, Ontario. The men, all family members, are charged in connection with the assault that led to Rahman's death on August 2023, after he sustained injuries outside his restaurant.
Among the accused, 24-year-old Robert Evans faces a manslaughter charge for allegedly striking Rahman during a dispute over an unpaid bill. His father, Robert Busby Evans, 47, and uncle Barry Evans, 54, have been charged as accessories after the fact to an indictable offence related to the incident. The three men appeared before Sheriff Julius Komorowski in Edinburgh Sheriff's Court, where they all consented to extradition.
During the proceedings, Sarah Loosemore, the defence agent for Robert Busby Evans, indicated that the 47-year-old believes it is appropriate for the case to be handled in the Canadian justice system. Sheriff Komorowski confirmed with the elder Evans that this consent is irrevocable, emphasizing that there would be no further court hearings or opportunities for appeal.
Following this initial hearing, all three men were remanded in custody, and their cases will be referred to the Scottish ministers. Robert Evans Jr. is alleged to have assaulted Rahman outside The Curry House restaurant in Owen Sound. Rahman succumbed to his injuries a week after the incident, intensifying the gravity of the accusations against the accused.
In addition to Robert Evans Jr.'s manslaughter charge, Barry Evans is implicated for allegedly helping his nephew evade arrest. Reports claim that he drove Robert Evans Jr. over 60 kilometers away from the scene, instructing him to "run, run" before allowing him into his vehicle. Meanwhile, Robert Busby Evans is accused of facilitating his son's escape by booking a one-way flight back to the UK, suggesting he was aware of his son's involvement in the assault.
It is significant to note that the allegations facing the three men have yet to be tested in any Ontario court. Prior to the extradition proceedings, the sheriff in Scotland assessed whether the actions attributed to Robert Busby Evans and Barry Evans would constitute an offence under Scottish law that would be punishable by a minimum of 12 months in jail. This is known as the dual criminality requirement, and a lack of evidence meeting this standard would prevent extradition.
In July, the sheriff concluded that the alleged conduct of the two men did meet this legal requirement. He further confirmed that there were no concerns regarding the dual criminality for Robert Evans, who faces a more serious charge of manslaughter. The urgency of the case has captured attention given the tragic loss of life and the alleged criminal actions of the accused.
This situation sheds light on the complexities of extradition law and the legal processes involved in dealing with serious criminal charges that cross international borders. The decisions made in Scotland could set a precedent for how similar cases are approached in the future, particularly in instances involving familial connections and interstate crimes.
