Windsor jury says convicted cabbie killer can seek early release

A jury that spent two weeks immersed in a rare Canadian justice system hearing concluded Wednesday that one of the men who participated in the vicious attack and murder of a Windsor cabbie 20 years ago is deserving of a chance for earlier freedom.

The 12 jurors recommended that the Parole Board of Canada accept an application by Ali Al-Shammari, 38, to shave five years off his parole ineligibility period.

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Convicted of first-degree murder in the stabbing death of taxi driver Thualfikar Alattiya in the backseat of his cab, Al-Shammari, who was 19 at the time of the Nov. 19, 2004, attack, was given an automatic life sentence with no eligibility for parole for 25 years.

But under a "faint hope clause" that Ottawa eliminated in 2011, anyone convicted of murder prior to that date is eligible to seek earlier parole after serving 15 years.

A Windsor jury on Wednesday, after four hours of deliberation, advised Superior Court Justice Renee Pomerance that Al-Shammari has proven he's ready to return to the community. He still has to convince a parole board panel, with one of his co-counsel telling the Star a hearing will likely take place before the end of the year.

Even the prosecution had to concede that Al-Shammari has led a mostly exemplary life behind bars since being convicted of participating in Alattiya's brutal slaying.

"The Crown admits he's done well," said assistant Crown attorney George Spartinos.

But in his closing arguments ahead of the jury withdrawing to consider the application, the prosecutor argued that leading a good life while behind bars should not be enough for the convicted killer to get an earlier chance at freedom.

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"The Crown is opposed to any reduction in the parole ineligibility period," Spartinos said. He used descriptions of the planned and gruesome murder, as well as "devastating" victim impact statements from the victim's wife and three young children, to argue for the full parole ineligibility to be served (to Nov. 23, 2029).

Defence lawyer Christopher Hicks, in his closing submission, said the planned attack and stabbing death of Alattiya, head of a young immigrant family with plans to study civil engineering, was "a horrendous crime." Family victim impact statements heard during this month's hearing were "heartrending," he said.

The eldest son described a family "broken in virtually every aspect." He spoke of how he had to give up sports at school in order to find ways to earn an income. Alattiya's widow had to work two jobs and raise a family on her own; the youngest son said he grew up "never understanding what it means to have a father;" the daughter said her family "lost its opportunity to live the Canadian dream."

But Hicks said the horrible crime was committed when Al-Shammari was still a teen and, since then, "he's improved himself immensely," including with education and skills learning while serving as a "model" inmate. He also described as a "remarkable achievement" Al-Shammari's progression over his years of incarceration from maximum to minimum security facilities.

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The judge told jurors that, if Al-Shammari is ever released again, he will still be serving a life sentence under supervision in the community "for the rest of his life."

Pomerance, who was the judge in the original trial that convicted Al-Shammari (Spartinos was the prosecutor in 2007), said Canadian law recognizes that "some people change" and can be rehabilitated. She pointed out that a Correctional Service of Canada assessment pegged Al-Shammari at "the lowest risk to re-offend," and that he has already been on supervised community visits.

After the jury's verdict, Al-Shammari's co-counsel Peter Ketcheson told the Star that his client was "pleased — he's excited to take the next step in his life."

Ketcheson said the decision shows "our system works properly," in that it's designed to take "somebody who is flawed" and correct their behaviour, rehabilitate them and prepare them for a return to the community.

dschmidt@postmedia.com

twitter.com/schmidtcity

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