Scottish men accused in death of Owen Sound, Ont., restaurateur to face extradition hearing

A Scottish court has ruled that two men allegedly connected with the death of an Owen Sound, Ont., restaurateur should face the possibility of extradition to Canada.

Sharif Rahman was outside The Curry House on Aug. 17, 2023, when he was attacked after allegedly confronting three men about an unpaid $150 bill. Rahman, a 44-year-old husband and father, died a week later in a London, Ont., hospital.

The men — all related to one another — have had several hearings in Edinburgh since the charges against them were announced by Ontario Provincial Police in December.

Robert Evans, 24, faces a charge of manslaughter and his father, Robert Busby Evans, 47, and uncle, Barry Evans, 54, are charged with being accessories after the fact.

On Thursday, all three appeared in Edinburgh Sheriff Court.

Sheriff Julius Komorowski gave his judgment on a crucial legal argument that was heard in the court in May, about whether Robert Evans Sr., and Barry Evans, his brother, could be extradited. Scottish sheriff courts are similar to provincial Superior Courts in Canada.

The Canadian charge of manslaughter is similar to the Scottish charge of culpable homicide, so Robert Evans Jr.'s extradition possibility was not at issue.

But in order for the Scottish court to comply with the Canadian authorities' request for the extradition of Robert Evans Sr. and Barry Evans, it has to find that the crime committed in Canada would also count as an offence under Scottish law.

In May, defence lawyer Sarah Loosemore, who is representing both Evans brothers, and procurator fiscal depute Kavin Ryan-Hulme, Scotland's equivalent of a Crown prosecutor, put forward arguments on the issue.

The Canadian crime of accessory after the fact, which Evans Sr. and his brother face, differs from the Scottish crime of attempting to defeat the ends of justice.

Komorowski found that both men's actions would have constituted an offence in Scottish law, punishable by a prison sentence of up to 12 months, if they had happened in Scotland.

The court is also waiting for reports from Canadian authorities detailing conditions in local jails.

Loosemore argued the conditions in Ontario jails are so poor that it would breach her clients' human rights to be sent to Canada.

Due to the wait for these reports, an extradition hearing date of Aug. 14 has now been moved to Oct. 20.

Previously, the court had provided CBC News with exclusive access to documents prepared by Ontario Provincial Police and the Crown.

Canadian authorities have so far refused to share these details with the media or public.

The documents show the men are members of an Irish Traveller community based near Manchester, England, and had been in Owen Sound for months before the attack.

Robert Evans Sr. was working in the area, despite being in Canada on a visitor visa, which does not allow holders to work, while the papers also show Robert Evans Jr. was using a passport in a false name.

On Aug. 17, 2023, police were called to The Curry House at 9:23 p.m. to a report of an assault in progress. Officers found Rahman lying on the ground outside, unresponsive and with serious injuries.

A witness to the confrontation told officers that he saw a man punch Rahman in the face, causing him to fall backward, and said the sound of his head hitting the pavement was like the thud of "a bowling ball falling six feet from the air."

It is alleged that another relative, Robert Justin Evans, was also present during the altercation, but he has not been charged.

The court was told Barry Evans was heard to shout to Robert Evans Jr., "'Run, run,'" then left to collect their vehicle, a grey SUV, picking him up from another downtown location.

In the aftermath, all three men reportedly fled to Collingwood, Ont., 65 kilometres away.

Cellphone records document "a flurry" of calls made to Robert Evans Sr. — who was not present at the restaurant — by all three men in the minutes and hours after the altercation.

The senior Evans quickly left a local Owen Sound hotel where he had been staying with his brother, Barry. Surveillance photos in the court files show Barry visiting the reception desk on two occasions the following day — first to retrieve what was left of their cash deposit, and then to request the return of their registration documentation and a photocopy that had been taken of his passport.

That same day, Robert Evans Sr. reportedly arranged transport for his son to Toronto's Pearson International Airport and booked him an evening flight to Manchester.

Ontario court documents about the case remain sealed, and a CBC News request for a judicial review of the file has been pending since mid-March.