Three men consent to extradition to Canada in death of restaurant owner case

Three men accused of being involved in the death of a restaurant owner in Canada have consented to their extradition from Scotland.

The trio, who are from the same family, have been charged by Canadian prosecutors following the death of Sharif Rahman in Ontario during August 2023.

Robert Evans, 24, was charged with manslaughter in connection with Mr Rahman’s death.

His father, Robert Busby Evans, 47, and his uncle Barry Evans, 54, have been charged with being an accessory after the fact to commit an indictable offence.

During three hearings before Sheriff Julius Komorowski at Edinburgh Sheriff Court on Monday, each of the three gave their consent to extradition.

During the first hearing, defence agent Sarah Loosemore said Robert Busby Evans had decided “it would be appropriate for these matters to be dealt with under the Canadian justice system”.

Sheriff Komorowski confirmed this with the 47-year-old, telling him: “I’m told you’ve consented to extradition. That is something you cannot change your mind about, you cannot take that back.”

He added: “There will be no further court hearings, there will be no appeal.”

The sheriff made similar confirmations with the other two men being sought by the Canadian authorities.

They were all remanded in custody and the cases will be referred to Scottish ministers.

Robert Evans junior is accused of striking Mr Rahman outside The Curry House restaurant in Owen Sound, Ontario.

The assault is said to have taken place in a dispute over an unpaid restaurant bill and Mr Rahman died in hospital a week after the incident.

Barry Evans is said to have been aware of this incident and to have driven his nephew 40 miles away in order to avoid him being apprehended.

He is said to have told his nephew to “run, run” before letting him get in his car.

Robert Busby Evans is alleged to have booked his son a one-way flight back to the UK from Canada.

He is also said to have been aware that his son had struck someone when he did so.

Sheriff Komorowski had earlier issued a ruling on on whether the alleged conduct of Robert Busby Evans and Barry Evans would be an offence under Scots law punishable by at least 12 months in jail, had it taken place in this country.

This is known as the dual criminality requirement and a person cannot be extradited if this is not met.

At the end of July, the sheriff ruled that the alleged conduct of the two men met the dual criminality requirement.

He said there was no question of dual criminality around the extradition request for Robert Evans, who is accused of manslaughter.