The family of an Ancaster man charged in the drowning death of a four-year-old boy in St. Lucia is bracing for a long, difficult struggle for his freedom.
"This is going to be quite a trying time for our family," Sahar Jamshidi said about her brother, Sahab, who was released Tuesday morning on 10,000 East Caribbean dollars (roughly $4,600 CDN) bail.
The 33-year-old has been ordered to surrender his travel documents and isn't allowed to leave the Caribbean island without the court's permission.
He must also report to the Gros-Islet police station every Wednesday and reside in the Cap Estate region of the island.
Sahar, who lives in the Windsor area, called achieving bail a "small victory" for her brother, whom they believe has fallen victim to a botched police investigation.
"It basically shakes your world. You really don't know what to do at this point."
Sahab's lawyer in St. Lucia said the next step in his client's case is a sufficiency hearing on April 24. On that date, a judge will decide whether there's enough evidence for the case to move forward, said Alberton Richelieu Chambers.
If the evidence is deemed insufficient, the case is thrown out and Sahab is free to go, he said. If not, the process could drag on for a long time, he noted.
The country only has one or two judges working at one time, which makes the judicial system "very, very slow."
Sahab was charged Monday afternoon with gross negligence or recklessness causing death following the Feb. 22 death of Terrel Joshua Elibox from Augier, Vieux Fort.
The charge is a subsection of manslaughter, which carries a sentence of up to life in prison, St. Lucia police said.
The four-year-old boy had been with his family on a church-run beach outing when he drowned. His body was recovered two days later. The boy's family has said he was taken without permission for a kitesurfing ride. Attempts to reach his grandmother in St. Lucia were successful Tuesday.
Sahab's family, who has spoken to him since the drowning, says he was kitesurfing when he spotted the boy bobbing in choppy water. He tried to save the child but couldn't reach him, his sister said. He returned to the shore for help, but at that point, it was too late.
Sahar, 39, said her brother believes police conducted a "very minimal" number of interviews at the scene, from which many observers had already left by the time officers arrived.
Chambers hesitated to comment on the investigation because he hasn't had the chance to examine case files, which he expects in coming days to prepare for the hearing. The lawyer said there's been considerable public support in St. Lucia for Sahab's plight. "They are very sympathetic to this case."
The public prosecutor's office did not respond to requests for comment Tuesday.
In the meantime, Sahab's family has reached out to Canadian politicians to lean on the St. Lucia judicial system to expedite his freedom. His sister said they have heard from Conservative Ancaster MP David Sweet, who has offered his support.
MP Kirsty Duncan, the Liberal consular affairs critic, said her office would reach out to the family and is trying to make sure the government is taking appropriate action.
A spokesperson with the Department of Foreign Affairs, Trade and Development reiterated Tuesday that officials are aware a Canadian citizen has been detained in St. Lucia and that "consular services are being provided as required."
In a March 2 letter to Sweet and three other MPs, including Liberal Leader Justin Trudeau, the family notes there "are many conflicting stories" about how the incident.
Sahar also says her brother, a McMaster graduate who studied medicine in St. Lucia, would never take a small child out in choppy waters. "For Sahab, rushing out to rescue a child in distress is not out of character. What is out of character is Sahab taking a child into the rough sea!" she wrote in the letter.
Sahab was visiting St. Lucia with his father, mother and younger brother, who all returned home before he was scheduled to fly back Thursday.
His sister said she's concerned about her brother's mental health after communicating with him Monday night.
"He was getting ready to be locked away for the rest of his life and was very depressed."
His medical career also hangs in the balance. Her brother was expecting to be matched soon with a hospital for his residency.
Stephen Verbeek, a longtime Hamilton friend, owns OhSo Fitness on Locke Street where Sahab has worked as a personal trainer.
Verbeek, 31, said he and Sahar were up all night frantically collecting character references for his lawyer to present in court.
"For now, he is in the accompaniment of a local friend and he is physically safe."
Verbeek is planning to fly to St. Lucia to see Sahab.
The Jamshidi family, who arrived in Canada from Iran in 1992, hasn't yet decided to travel to the Caribbean country. His sister, father (a retired urologist) and mother (an active doctor in Hamilton) have all considered making the trip.
But Sahab's lawyer has advised them to collect documents at home and settle finances, which Sahar cited as a looming concern.
"If this takes a long time, which we hope it doesn't, we'll all have to take turns going."
Sahab was the subject of a Hamilton Spectator story last fall, after he rescued a teen he found dazed and hurt on a rocky Ancaster trail.
Sahab had been out mountain-biking when he found the youth, who was bleeding and didn't know where he was. He used his medical training to assess the youth and then took him to hospital.
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