Windsorite convicted in grisly 2004 murder of taxicab driver wants early parole

Ali Al-Shammari, 38, has been in prison since 2007 after being convicted of first-degree murder by a jury.

A new jury was selected Monday in Superior court, “For what’s called a faint hope application,” according to his lawyer Christopher Hicks.

“It is somewhat unusual,” Hicks told CTV News. “The jury does not decide the issue of release. It only decides the issue of whether or not to allow the applicant to go to the parole board and ask for this consideration.”

Hicks said an applicant must argue they have changed.

“That their personality is different, they have a different value system and that they are not a threat to the community,” he said.

The Crime

On Nov. 19, 2004, Thualfikar Alattiya, 41, was stabbed to death in the backseat of his own taxi.

“It was the Crowns’ theory that the applicant, then 19 years of age, together with Hasan Al Ghazzi, a 17-year-old high school friend and Mohamed Al Ghazzi, Hasan’s 19-year-old [brother], committed a planned and deliberate murder,” Justice Renee Pomerance told the jury panel Monday.

She told the jury Alattiya and the Al Ghazzi family were in a dispute over funding to build a local mosque.

“The Crown alleged that Daham [Al Ghazzi] encouraged his two sons, Hasan and Mohamed to beat up the victim,” Justice Pomerance said. “Together with Mr. Al-Shammari, they called for the victim’s cab to pick them up and then carried out the attack, confining the victim in the backseat of his taxi cab and stabbing him.”

Thualfikar Alanttiya, 41, was killed on Nov. 19, 2004. (Courtesy: Windsor Police Service)

The Sentence

Al-Shammari was convicted of first-degree murder for his role in Alattiya’s death.

He was automatically sentenced to life in prison with a period of parole ineligibility of 25 years.

He has now served at least 15 years in prison, and according to Hicks, is now eligible for a “faint hope” application in front of a jury.

“The jury does not decide the issue of release,” Hicks said. “It only decides the issue of whether or not to allow the applicant to go to the parole board and ask for this consideration.”

The Hearing

Starting Tuesday, the jury of 14 people will hear evidence from 12 witnesses for Al-Shammari and three witness for Assistant Crown Attorney George Spartinos.

Hicks said faint hope applicants must illustrate they have changed.

“That their personality is different, they have a different value system and that they are not a threat to the community,” Hicks said.

Three to four weeks of court time have been set aside for what Justice Pomerance admits is “an unusual type of hearing.”

Typically, she told the panel Monday, juries decide guilt or innocence.

In this hearing, they will decide if Al-Shammari’s parole ineligibility should be reduced or stay the same.

“To be clear, the jury in this matter is not going to decide whether Mr. Al-Shammari should be released. That is a decision for the Parole Board. The decision of the jury will simply determine when Mr. Al-Shammari can apply to the Parole Board,” Justice Pomerance said.