RIYADH: The case of two Canadian brothers charged in connection with the death of a teenager during a schoolyard fight in Jeddah has taken a new turn after a court threw out an earlier judgment and ordered the retrial of one of the brothers in an adult court.

If tried as an adult, Sultan Kohail, 18, may face a stiffer punishment or even death for his role in the killing. Sultan’s elder brother, Mohammed Kohail, 23, has already been found guilty and sentenced to death. That ruling is currently being appealed.

Although Mohammed has been in prison for the last 18 months, Sultan has been living with his family. In April this year, a juvenile court in Jeddah sentenced Sultan to 200 lashes and one year in prison. This ruling has now been thrown out.

Abdul Rauf, the youths’ uncle, confirmed the retrial but refused to discuss the matter further. “It is hard for the family at this time, we are all praying... We don’t know what will happen,” he said.

In an official statement, the Canadian Embassy in Riyadh said Canada would continue to pursue all avenues to assist Mohammed and Sultan Kohail. Canadian officials, during their recent visits to Saudi Arabia, have raised the case at top levels.

“The Canadian consular officials are actively providing assistance and support, and remain in regular contact with the Kohail family and their legal counsel... Due to the Privacy Act, we cannot comment further on specific details of the case,” the statement said.

Following news of the retrial, Liberal Canadian MP Dan McTeague, who has been following the case, has called on the Conservative government “to make sure the pair receive due process.”

The Canadian government has asked for clemency.

The Kohail brothers are Canadian citizens of Palestinian origin. They moved to Canada in 2000 from Saudi Arabia and settled in Dollard des Ormeaux, only to return to the Kingdom later. In January 2007, Sultan became involved in a schoolyard brawl and called for the help of his brother and friends.

A Syrian youth, Munzer Haraki, 19, died during a fight, and Mohamed was charged with murder.