Three men wanted in connection with the death of a restaurant owner in Ontario plan to fight extradition to Canada by claiming the poor conditions of the local prisons would breach their human rights.
Robert Evans, 24, his father, Robert Busby Evans, 47, and his uncle Barry Evans, 54, have all been charged after the death of Sharif Rahman 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.
The three men were on holiday in Canada when a dispute broke out over an unpaid $150 restaurant bill at The Curry House in Owen Sound on August 17, 2023.
Rahman is believed to have followed the Evans family into the street outside the 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.
They appeared from custody before Sheriff Julius Komorowski at Edinburgh sheriff court last week, where lawyers for the group said they had requested an expert report on the conditions in Ontario’s prisons.
The defence solicitor for Robert Evans Jr said: “Overcrowding is common and there is a lack of appropriate space for prisoners.”
She said she had liaised with a Canadian counterpart who confirmed overcrowding “is a known issue” in Canadian prisons.
The lawyer went on to say that as a result of “harsh conditions” in local prisons, felons are being given sentence reductions of up to 60 per cent or more depending on which facility the person will be sent to.
“Healthcare and access to it is a particular issue,” she added, citing an outbreak of Strep A last month at a correctional facility that left two prisoners dead.
Komorowski asked the procurator fiscal depute Kavin Ryan-Hume to attempt to determine from the Canadian authorities which prison the Evanses would be held in.
Ryan-Hume was also instructed to seek assurances from the Canadian prison service about the issue over overcrowding.
Rahman moved to Ontario from Bangladesh about ten years ago to open The Curry House in Owen Sound, a small town two hours from Toronto.
The Canadian Broadcasting Corporation reported that Robert Evans and his father and brother were in the country on visitors visas and left shortly after the incident involving Rahman.
Surveillance video of a suspect running away from the scene was released by local police and images of a suspect vehicle.
An online fundraising drive to support Rahman’s family raised more than $250,000CAD (£140,000) and an academic scholarship has been set up in his name.
A spokesman for the Crown Office said it did not comment on extradition matters but confirmed a further preliminary hearing is set for the end of April.
A full hearing is scheduled to be held in May. The case continues.
