Timeslines don't match, says lawyer during closing arguments

By Katrina Geenevasen

There wasn’t enough time to commit four murders that rainy June night in 2009, Mohammad Shafia’s lawyer Peter Kemp told a packed courtroom Tuesday.

As closing arguments began at the trial in Kingston, where Shafia, 58, his second wife Tooba Mohammad Yahya, 42, and their son Hamed, 21, have each pleaded not guilty to four counts of first-degree murder. The Crown has argued during the trial that these were honour killings of the couple’s three daughters: Zainab, 19, Sahar, 17, and Geeti, 13, along with Rona Amir Mohammad, 52, who was Shafia’s first wife.

As Kemp made his final statements, Hamed was nestled between his parents in the prisoner’s box. Kemp argued the family checked into the Kingston East Motel sometime between 2:10 a.m. and 2:20 a.m., according to testimony from the owner of the hotel.

However, this was disputed, he told the jurors. Evidence was presented that showed a “probable match” for the Lexus driven by Hamed on highway cameras in Montreal between 4:25 a.m. and just before 5:00 a.m.

Kemp said assuming this piece of evidence is correct, and that it takes a minimum of two hours to drive from Kingston to Montreal, Hamed would have had to be on the road five minutes after he left the motel.

Kemp said the timeline did not make sense.

“We don’t know where, how, when or who was involved, but there is no explanation for the fact that there was simply no time,” said Kemp.

During his closing arguments, which took nearly two hours, Kemp also described Shafia not as a tyrant, as the Crown wants jurors to believe, but as a hardworking businessman who did everything he could for his children.

Kemp said Shafia left the comfort of his homeland as a successful businessman, and moved to a country of unknown languages, people and technology so his children could have a better life and a better education.

“There is no doubt Mohammad Shafia lived for his family,” he said.

As Kemp showed the jury pictures of the four women found dead in a submerged car in the Kingston Mills locks, he described the privileged lives the women lived.

“All of these complaints of Mohammad being abusive and controlling are not borne from the photographs,” said Kemp. “Anyone can see they were well dressed, well taken care of.”

Pointing to a photograph of Rona, Kemp disputed the Crown’s arguments Rona was beaten and given no money.

“Look at the photograph. It shows a happy, healthy, 53-year-old woman. There is no evidence of abusive behavior. She is well-dressed, with nice jewellery, and nice makeup.”

“With all the unknowns, it’s only speculation,” Kemp concluded. “And speculation is not proof beyond a reasonable doubt.”

Defence lawyer Patrick McCann, who represents Hamed, will address jurors Wednesday, followed by prosecutor Laurie Lacelle.