Sahab Jamshidi.
A date was set today for a Canadian man to face trial for the death of a four-year-old St. Lucian boy.
Sahab Jamshidi is committed to stand trial for the offence of manslaughter on November 23, 2015.
However, both the defendant and plaintiff will attend a conference on October 19, 2015, before the commissioning of the trial.
The Canadian doctor however remains on bail.
Jamshidi’s lawyer Alberton Richelieu told St. Lucia News Online (SNO) that master has suggested that the submission presented by the defense should be left for the trial.
“All is not lost there because it does not prevent me to make a no-case submission at the trial. In fact it gives me sufficient ammunition to make a no-case submission at the trial and succeed,” he explained.
Richelieu told SNO that he will have the opportunity to cross examine the witnesses, which will make the situation far easier, because there is low “standard of proof.”
He continued, “In other words at this point in time the prosecution can provide the most minimum amount of evidence and that can be sufficient to have the person committed to trial.”
The attorney said if the court is satisfied that the defendant has been complying with all his bail conditions, there is a possibility that a necessary application can be made to allow him to travel.
Richelieu said he plans to make an application on behalf of his client.
Jamshidi recently graduated from medical school and was about to secure his Canadian citizenship.
The child’s mother, Joella Roserie, also spoke with SNO and said that she misses her son a lot and cannot stop crying. She said while she was not present when her son died, she still believes based on the evidence put forward in the court that the doctor has some responsibility for her son’s death.
The boy’s family has accused Jamshidi of taking Terrell kitesurfing without their permission and losing him in the process, while the former medical student said he was kitesurfing when he saw the boy drowning and tried to rescue him.
The incident occurred on Bois Shadon Beach in Vieux Fort on Independence Day. The boy was on the beach with family during a church outing.