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“This is what you get when you try to help?” – Sahab’s sister

By SNO Staff/Hamilton News
Sahab Jamshidi

Sahab Jamshidi

The family of Canadian Sahab Jamshidi believes the recently-concluded criminal case may have ruined his medical career, according to a report in HamiltonNews.com.

Sahab, 34, was on Thursday, Feb. 23 ordered by the High Court to pay a fine of $75,000 for the February 2015 drowning death of four-year-old of Terrell Joshau Elibox, also known as TJ. The money was reportedly paid to the estate of the deceased boy.

The former medical student pleaded guilty on Jan. 24, 2017 to causing death by recklessness or gross negligence. He had pleaded not guilty during his arraignment 14 months prior.

According to the Hamilton News article, Sahab’s family are “sad that a once-promising medical career is now uncertain”.

Sahab’s sister, Sahar, said the outcome of the sentencing is “good news” but she and the entire family are concerned about what he will do once he returns, the Hamilton News reported.

“His future is really up in the air,” she was quoted as saying by the Canadian publication.

“Now what? His whole life is ruined. We are mourning the loss of his future.”

Sahar said her brother could have continued to fight for his innocence in court, but the family feared he could be doing it for the rest of his life in St. Lucia, the Hamilton News wrote.

Sahab was accused of carrying Elibox into the sea on a kiteboard in February 22 2015, without the consent of his guardians, and caused his death.

But Sahab said he was kitesurfing with friends when he spotted Elibox in the water and called for help.

“And this is what you get when you try to help?” Sahar said.

(46)(6)
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30 comments

  1. I think the sentencing to just pay $75,000 is more than a clear indication that the judge and the attorneys believe his innocence. That is a very very light sentence.

    The grandmother, my goodness, she was actually about to let then man go to jail. Don't think we don't know your secret lady, we know. Thank god, she's not my granny, god knows I wouldn't be here typing this.

    (9)(1)
    • I was on the beach at the same time as this incident took place, while on the beach we heard a man screaming for help while floating in the sea..we ran to try and help him as he started coming in to shore as he reached the beach by Coconut Bay we started to help him out of the water with his kite...we asked him what was wrong and he said a boy had fallen into the water, so we asked where and how and he said while giving the boy a ride on his board and he had fallen in, he then said he tried to go back for him and as he reached him his kite board had hit the boys head...he then began to fold up his strings for his kite and then ran back into the water to look for the boy.

      We then spoke to the SSU officer on duty at Coconut Bay and he said he saw the man with the child on his board...
      So all of you who are trying to say the man is innocent should stay quiet unless you was there to witness...

      The most worrying thing to me was I tried to make a statement...contacted the local police station, no one was interested, then the CID....nothing, then Central Station Castries...nothing...left my number, nobody called back.
      So that's how great St Lucia police force is.

      Make him pay the money and then run him from the Island....never to return.

      (4)(0)
  2. This man pleaded guilty to causing the death of young TJ Elibox and all he got was a fine and a sending off back to Canada. Now to add further to this pathetic and disgraceful sentence his crabby family is complaining about how this sentence will ruin his medical career. These people have not shown any remorse or compassion for the loss of this innocent little kid. Instead of accepting that this poor excuse of a doctor has been convicted and given a 'let off' they are complaining about how this will affect his future as a doctor. Who cares about this man's future? At least he has a future. What about this sweet little boy?
    Where is his future? He has none at all having been taken away through the recklessness of a silly doctor.

    His sister and family are playing the blame game. She has no one to blame but her brother who robbed the Elibox family of their precious little boy. This woman has no shame and is utterly heartless with her summing up of this case. She should be grateful for the lenient sentence which was handed down to her brother. Anywhere else in the world and this quack would be eating porridge in his cells for many years to come. The cheek of this woman and her family to complain.

    If he is not allowed to practice medicine in Canada, he can always go back to his native Iran to set up shop. His Iranian countrymen would love to have him back on their shores.Where is the justice for Young Elibox and his family? The Criminal Justice System in St Lucia seems to always side with the foreigner when he breaks the laws. There are endless cases where foreign criminals are dealt with leniently. They are given fines instead of Jail time.
    The sister should keep her gob shut and be thankful to the Justice system of St Lucia for allowing her convicted brother to go free. I hope they do not try to appeal against this sentence. If they do then we should all be worried about Justice on this land. The people should all come out and protest against what will clearly be a travesty of Justice.

    I do not care about this doctor and his family's shenanigans. He admitted responsibility by pleading guilty. No one forced him or coerced him in doing so. He did it willingly and should have been given a long stretch in Bordelais. He should not be put back on a plane to Canada so soon. I feel for the family of young TJ Elibox. I do not know the family personally but my heart goes out to them. Young TJ should have been alive today had this foolish Doctor kept away from him. Why was he interested in the child in the first place? The police should have looked into his background to ascertain whether he had any predatory intentions. There are lots of men from Western countries who prey on young kids. We need to put things in place to ensure that these perverts do not come near the lovely children of St Lucia.
    As for the sister and her family they need to put up or shut up. They need to be grateful for the soft sentence that he was given by our courts. He is back with them in Canada, unlike young TJ who is six feet under. Once more I ask, where is the justice for TJ Elibox?May His Soul Rest In Peace.

    (7)(10)
  3. miss both you and your brother need to get deported...end of story, someone lost their life, matter of fact it was a young innocent child. however this is a very difficult case as no one saw, it was all based on assumptions. The person or individuals who suggested he had the kid on his surfkite should be questioned properly as well.

    (4)(9)
  4. That's why most of us don't bother to help someone in distress for good reason --- better to move on and pretend to have seen nothing, not worth the hassle of getting involved. We Looshans too much trouble for each other.

    (17)(4)
  5. what im thinking is why would a tourist just see someones child and out of the blue decide to take the child out on the water....i c tourist all the time on the beach and they barely socialize...but if the guardian was responsible they would hve been monitoring the child...i think he is innocent but the guardian should hve been jailed for negligence...nobody could say that they saw the man take the child smh...any sensible judge or jury would be able to see that this is nonsense and free the innocent man....free the man

    (33)(6)
  6. The story about him taking the boy to the water does not make sense,I believe he pleaded guilty to get it over with because he would not have gotten a fair trial,I am not surprised he had to pay money because of the color of his skin and being a Canadian,it's sad a child lost it life due to the negligence of the grandmother.

    (25)(6)
  7. This is such a sad unfortunate situation. I strongly believe this man is telling the truth. And if he so happened to take the child out, why didn't the grandmother stop him ? Who allows their grandchild to go kitesurfing with a total stranger ? The mother herself said she is satisfied with the verdict. You claim this man killed your son and you are satisfied with $75k ? No parent (no matter how nice $75k sounds) will just "be satisfied" with receiving money for the loss of her son. They would continue demanding justice. The mother and grandmother are not speaking the truth. I wish this young man all the best and I pray that he is able to continue his medical career.

    (28)(4)
  8. Are our Courts being used as an alternative to revenue generation in the wake of an ultimate review of the Citizens by Investment Programme (CIP)? It is becoming apparent that the acceptance of guilty pleas by foreign nationals in exchange for liency or commuted sentences seems to be the norm nowadays, when reviewing the cases of Jamshidi and the previous case of Eric Sommer. For the first time St. Lucians were confused by a monetary award made at the instance of the High Court to a victim of a criminal offence. This has many St. Lucians and Canadians as well thinking, was justice really served? For most people who know the law well know that there is never a mix-up between the Common Law which resides within our Criminal Jurisdiction and the Law of Equity which forms part of the Civil jurisdiction of our Courts.

    Many commentators including lawyers have argued and went through great pains to explain the controversial award, some claiming that it may be a just decision on condition that the $75,000 awarded is far better than what the family would have gotten in an alternative Civil action for compensation. With that said, it suggest that the original criminal action was brought about solely as a medium of compensation and not necessarily to find out the truth or to seek justice either for the victim or the accused. However, was our criminal Court designed or envisaged to carry out or overlap the alternative Courts powers? If so who decides when should a case be negotiated for compensation to a victim or a family in that instance since they are not parties to the case. The case is between The Crown/State and the accused. In fact other cases comprised both elements, with the Criminal Court dealing with the criminality and the Civil Court dealing with compensation arising out of the accused negligence. The Manslaughter act was committed against the state yet other parties will seem to benefit from this latest decision. Has the Civil Court become irrelevant in dealing with charges of criminal negligence since the Criminal Court could now decide on criminality and the corresponding civil damage.

    This latest action of the Courts carries significant implications from a legal precedence standpoint, not only affecting when should such plea bargains be negotiated but the thresholds for proving the same charges are different in the two jurisdictions. So in order words did the accused receive a fair trial, or, was it subject mainly to the inefficiencies of the State or the overriding factor that compensation was the primary motive?

    All these issues point to dilemma which cannot be resolved equitably. On the one hand we have an inadequate Justice System, under-funded by a broke country and on the other hand we have an unfortunate accused from a rich well-developed country. Whatever the intention don't we think that those who know better will always view this verdict as a poor country extorting individuals because of its own inadequacies? I used the term "extortion" in the way that the fear of the inadequacies of the system forces those who have to face it to pay up or else be lost in the system. I ask today, is that a Justice System or a System of Compulsion?

    (14)(0)
    • It is clear that justice being tempered with mercy but mercy for who and for what? A guilty plea to manslaughter and a fine to represent conviction. Criminal law and civil law being dealt with and the estate is not yet found; the government is left to be trustee. Or are we now saying that the life of a child is worth EC 75 000 dollars, EC 25 000 short of a citizen passport. In recent times the manslaughter of an individual at the hands of a foreign national was 7 years. This present case begs more questions. Is death of an individual the ultimate criminal act ? Should the criminal court be prepared to accept fines in cases of drug trafficking instead of mandatory sentencing? Should rape cases be mediated instead of being tried? Should judges discretion be extended to reflect their opinion and not the law where there is clear guidlines? Is the DPP found wanting and experimenting with his new appointment? Is the sentencing a hobson ? Was there sufficient evidence to have a trial? Why didn't the DPP appeal the sentencing? Will the DPP accept alternative sentencing in other cases? Will the officer involved in the Marigot shooting get similar sentencing? Will the DPP contract come to an end before we wake up and realise that there is no legal basis for alternative facts in common law? Who will the government bring in next to say the legal system is independent, fair and without reproach? Wy should demand Anti Corruption Laws ?

      (4)(0)
  9. what is the truth?

    (5)(1)
  10. I just don't understand what is going on with this case alot of missing pieces where are the witnesses and where were his friends he was surfing with to give their account of the story. WHAT A MESS

    (10)(2)
  11. This man is a damn ass liar....he shouldnhave paod thw caah and given 10 years to that .

    (2)(58)
  12. weh r the frenz he was with at the time to testify and verify his story

    (21)(2)
  13. We all comment and try to figure out or understand what happened, my opinion is that as a guardian to a 4yr old at no point in time should your eyes be off that child, and if indeed the guy took the child without your permission if you were doing your job which in that case would be looking after that child you would have expected noticed the child falling into the water. This guy wouldn't have to get out of the water to go get help. You'll would have already been in that water. As a parent myself knowing the dangers of the water I would be calling at you from the moment you picked him up from shore, he wouldn't have a choice but to return him to where he picked him up. Curious question though ; how long after this guy allegedly took the child off shore did his guardian notice he was missing ?

    (45)(4)
  14. He is guilty!! He said it himself.

    (5)(54)
    • He pleaded guilty because our archaic justice system is so messed up that this was the only way to expedite the case. He just wanted everything to be done with

      (21)(0)
    • We St lucians need to be careful and see how we our selves as St lucians are not getting justice ourselves. There is a God. No parent will trust a stranger with their child. Some of us St Lucians always put our selves in positions to be distracted from our BUSINESS.

      (0)(0)
  15. i think the grand mother need TO be in jail they cannot wait to get that money the money is not going to bring the child back the grand mother should have free the young man a long time she is guielty

    (35)(7)
  16. A young life was lost, and she's worried about the future of her brother who's alive and kicking??
    His story does not add up, something is a-miss. At the end of the day, he has to live with himself if he acted recklessly and contributed to the death of this child. It's just mind boggling how so many people on this board are quick to defend this foreigner. It he was one of our own, I wonder if this same benefit of a doubt, or sympathy would be extended to them as well. My guess is most likely not. In the end, if the court handed their decision on this matter, it's most likely based on the evidence they had to support the case.

    (10)(45)
  17. This is utter shame in lucia....he did not take the child into the water....he was trying to help the child. The fsult is the grand mother becewuse she was the babysitter.....so what are you ssying i cannot help a child on the road....will the court say i push that child into the street???????? 😠😳

    (48)(5)
  18. There is a difference berween a murder charge and causing death through recklessness , which is called involuntary manslaughter in some jurisdiction. We may never know the truth ..if he did take the kid on , then the charge is fitting.. If he tried to save the kid then it is aad that he found himself in this mess.

    (26)(2)
  19. Many innocent people have gone to the gallows . The kid lost his life never to return. He is alive and well and will recover in due time. Our judiciary has been compromised to gain his freedom. The family should be thankful.

    (21)(44)
  20. Amen , God' s word clearly states " Thou shalt bear no false witness against thy neighbour." " Love one another as I have loved you." Kindly Pastor and your followers do the right thing. God is everywhere and he is watching .

    (35)(2)
  21. Will the truth ever come out?

    (13)(0)
  22. So unfair! Anyone can see that this man is completely innocent. Why would he risk his life, his future to take a child he does not know out unto the water with him on a kite surf?!! i never believed that he was ever guilty. Now his life is ruined when all he was trying to do was help. The grandmother is entirely to blame. She should have been paying closer attention to her grandson. His little life was taken away senselessly. I have boys and I will take them to the beach and never take my eyes off them. They will bathe in the sand if its up to me. so, so sad. I hate this justice system. They are so clueless.

    (81)(6)
  23. I will always say it.. that guy is innocent.. it is near impossible to have 2 ppl on a kite surf board the grand mother needs to step up and take responsibility for her actions

    (64)(7)
  24. I stand firm and believe this guy never took this child out. God is good don't give up. The grandmother and others gyuilty conscious will get them

    (56)(5)
  25. Still having a hard time believing that the grandmother is not charged for something. Negligence? Why bring a child to the beach and not watch him like a hawk? I would go with my 12 year old nephew that's my role - hawk.
    I may be naive but I can't conceptualize a grown man, a doctor who is suppose to save lives, taking a child up on that contraption when it it meant for one.
    We are disappointed by the pace our system moves so I wouldn't be surprised that he did that just to be rid of the whole situation and move on.
    That being said, his sister's statement needs to begin with...I know the child can never get his life back.....". Otherwise this sounds callus.

    (38)(5)
  26. I feel for this guy. It is so sad the way things turned out. I wish the family members who were there would come out and speak the truth. I hope he never loses his faith in God. I hope he will be able to remain positive and be able to move on. I wish him all the best.

    (128)(6)

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