Convicted killer can ask for parole now: Windsor, Ont. jury accepts 'faint hope' application
A Windsor man convicted in a violent murder 20 years ago was successful in his ‘faint hope’ bid for an early chance at freedom after a jury agreed he should be given the chance to apply for early parole eligibility.
A jury of 12 people rendered its verdict Wednesday afternoon, unanimously satisfied that Ali Al-Shammari’s parole ineligibility date should be earlier than Nov. 23, 2029, which is when his 25-year sentence would have run its course.
The jury also agreed that Al-Shammari should be allowed to apply immediately.
Ali-Al Shammari, now 38, was 19 when he and two other men, Mohammed and Hassan Al Gazzi entered a Windsor taxi, murdering Thualfikar Alattiya, who was 41.
After serving nearly 20 years of a mandatory 25-year-sentence, Al-Shammari applied for what’s called a ‘faint hope' hearing to see if he can get early parole eligibility.
In closing summations Wednesday morning, defence attorney Christopher Hicks was first to address the jury, and argued he should be given the chance for early parole because “he improved himself immensely.”
Hicks said Al-Shammari has been well-behaved in prison, found religion, shows remorse, is a low risk for re-incarceration and takes responsibility for his actions in 2004.
Hicks added Al-Shammari also took courses while in prison, learned trades, and moved from a maximum security prison to a minimum security facility thanks to his model display of inmate behaviour.
“This display of discipline and subsequent achievement should give you all a high level of confidence that when released into the larger community, Ali Al-Shammari will be a useful, productive, law-abiding and peaceable citizen, and member of the community,” said Hicks. “This should give you confidence and reassurance.”
Assistant Crown attorney George Spartinos didn’t believe Al-Shammari should be eligible for parole before his 25-year sentence is up.
He told the jury despite personal growth and mostly good behaviour while imprisoned, Al-Shammari’s actions the day of the murder need to be weighed.
Spartinos also pointed to victim impact statements read in court by Alattiya’s family, which showed the deep loss suffered at the hands of the three convicted men.
“The parole ineligibility period should not be reduced and that’s because of the terrible nature of crime, the devastating impact on the family and Mr. Al-Shammari not taking full responsibility for the actions that day,” said Spartinos.
Superior Court Justice Renee Pomerance charged the jury Wednesday afternoon, instructing them to weigh five factors, including Al-Shammari’s character, his conduct while in prison, the nature of the offence, any information provided by a victim during victim impact statements and any other matters the judge considers relevant.
“The law recognizes that people can change, people can rehabilitate. Some people do change and some people do not change, but the law believes in the capacity of people to change, even in the case of the most serious crime,” Pomerance said.
The jury came back with a verdict shortly before 5 p.m. Wednesday evening.
With the jury’s unanimous verdict that Al-Shammari can apply for early parole eligibility immediately, defence co-counsel Peter Ketcheson said the next step is to apply to the parole board.
But the decision does not mean Al-Shammari can now released into the community.
Pomerance made it clear to the jury they were not granting Al-Shammari parole eligibility, but merely giving him “a chance to ask for a chance.”
Ketcheson said once Al-Shammari applies to the parole board, the process could take six months before a decision is rendered, noting there’s no guarantee for parole before the end of the 25-year sentence.
CTVNews.ca Top Stories
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.
'Sophisticated' cyberattacks detected on B.C. government networks, premier says
There has been a "sophisticated" cybersecurity breach detected on B.C. government networks, Premier David Eby confirmed Wednesday evening.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Biden says he will stop sending bombs and artillery shells to Israel if they launch major invasion of Rafah
U.S. President Joe Biden said for the first time Wednesday he would halt shipments of American weapons to Israel, which he acknowledged have been used to kill civilians in Gaza, if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah.
Canucks claw out 5-4 comeback win over Oilers in Game 1
Dakota Joshua had a goal and two assists and the Vancouver Canucks scored three third-period goals to claw out a 5-4 comeback victory over the Edmonton Oilers in Game 1 of their second-round playoff series Wednesday.
Nijjar murder suspect says he had Canadian study permit in immigration firm's video
One of the Indian nationals accused of murdering British Columbia Sikh activist Hardeep Singh Nijjar says in a social media video that he received a Canadian study permit with the help of an Indian immigration consultancy.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.