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Via Rail plot trial: Chiheb Esseghaier to get psych assessment

An Ontario judge today ordered a psychiatric assessment for one of two men convicted in a terror plot to derail a Via Rail passenger train in 2013.

Raed Jaser and Chiheb Esseghaier returned to court Wednesday as their sentencing hearings continue. After being convicted of several terror-related charges in March, both men face a maximum punishment of life in prison.

Lawyer Russell Silverstein — who the judge appointed to look out for Esseghaier's interests — asked that Esseghaier be given a psychiatric assessment, arguing it's a real issue in the case.

Judge Michael Code agreed to the assessment, which is set to be conducted at the Centre for Addiction and Mental Health (CAMH) in Toronto. Code said the psychiatrist will also be able to examine wiretap conversations gathered during the investigation into the foiled plot, and interviews conducted with Esseghaier's friends to get a fuller picture of the man.

Silverstein suggested Esseghaier's hygiene habits — including washing his hair in a laboratory sink when he was a PhD student in Montreal — and other aspects of his behaviour may point to mental illness.

Esseghaier told the judge he would agree to a psychiatric assessment, but said agreeing to talk doesn't mean he believes he has mental health issues.

Code, who has presided over the lengthy trial, said it never occurred to him that Esseghaier suffered from a mental disorder.

The Crown opposed the idea, calling it groundless and saying it would slow down sentencing.

Jaser was also in court Wednesday. The two men sat far apart, as they have throughout the trial.

Guilty of numerous charges

After their arrest in April 2013, the court found Jaser and Esseghaier guilty of planning to derail a Via Rail train travelling between New York and Toronto by sabotaging the rail line. The pair abandoned that plan after being spotted on the rail tracks while surveying the line.

Jaser also pitched an alternative plan that involved using a sniper to target prominent members of Canadian society and "rich Jews."

In March, Esseghaier was found guilty of:

- Conspiring to murder persons unknown for the benefit of a terrorist group.

- Conspiring to interfere with transportation facilities for the benefit of a terrorist group.

- Three counts of participating in the activities of a terrorist group.

Jaser was charged and found guilty of:

- Conspiring to murder persons unknown for the benefit of a terrorist group.

- Two counts of participating in the activities of a terrorist group.

For more from the courtroom, follow the CBC's Laura Lynch on Twitter.