The Canadian Press
Printed Wednesday, December 26, 2018 12:28PM EST
Closing Updated Thursday, December 27, 2018 7:44AM EST
MONTREAL — A Quebec man who has been stuck in Cuba after being all in favour of a boating accident that killed a fellow tourist in 2017 says he’s once extra going through four years in penal complicated following a 2nd trial.
Toufik Benhamiche says in a assertion that he modified into once convicted in relation to the incident following a trial that took living on Dec. 10.
Benhamiche, forty eight, modified into once riding a miniature boat as part of a tourist tour in July 2017 in Cayo Coco when the vessel veered uncontrolled and fatally struck Jennifer Ann Marie Innis, a mom of three from Woodstock, Ont.
The actual person from Mascouche, Que., modified into once before all the pieces convicted of felony negligence causing death nonetheless that verdict modified into once overturned by Cuba’s top doubtless court earlier this year.
The contemporary conviction and sentence are a blow to Benhamiche and his family, who have long alleged that he’s a sufferer of a judicial machine that is determined to search out him to blame in any admire costs.
“The total information in the file mask clearly the innocence of my husband and his lack of accountability for this accident,” Benhamiche’s essential other, Kahina Bensaadi, said in a cell phone interview.
Benhamiche’s lawyers have argued the rental company violated Cuban security requirements. Moreover they grunt that Benhamiche modified into once given dinky instruction on tips on how to operate the craft and modified into once assured it wasn’t unhealthy.
Bensaadi said the most contemporary trial included leer testimony from a provincial navy captain who said the vessel’s invalid navigation certificate meant the boat modified into once allowed to change into overloaded, that would possibly maybe have contributed to the accident. She also alleged that the boat’s shutdown machine modified into once no longer inspected following the incident.
“The total experts and all the witnesses gave steady and steady arguments that mask why the accident took living and the draw in which it took living, and it modified into once no longer the accountability of my husband,” she said.
Benhamiche said in his assertion that he had no longer but been imprisoned, no topic the contemporary sentence.
He plans to allure the conviction, which he said would possibly maybe maybe well presumably mean having to spend no longer no longer as much as one more year in Cuba, to boot to the 17 months he has already spent there.
“It desires to be neatly-known that in the case of a affirmation of the sentence, this can moreover be six years, at the side of two years for judicial lawsuits and 4 years for the abusive sentence,” the assertion be taught.
Within the 17 months on legend of the accident, Bensaadi has consistently called on Canadian authorities officers to intervene and produce him house.
The family filed a Federal Court docket motion closing summer searching for to have the Canadian authorities technique to Benhamiche’s abet.
“By their grunt of no process, they’re giving Cuban authorities to the correct abuse my essential other and bully my essential other with a sentence that is never any longer based mostly on legislation,” Bensaadi said Wednesday.
In an electronic mail, World Affairs Canada said it modified into once privy to the most contemporary decision against Benhamiche and modified into once offering consular products and providers.
The family has also filed a $340,000 lawsuit against Sunwing Holidays, the tour operator with which they’d booked the vacation kit.
Sunwing has previously said this is able to maybe well contest the lawsuit.