Family lawyer of woman abducted in Wasaga Beach questions if police took her safety seriously

Two days before Elnaz Hajtamiri was abducted from her relatives' home in Wasaga Beach, Ont., in January, sources with direct knowledge of the situation told CBC News she returned to the GTA to pick up her car, computer and cell phone from police, who had them to check for tracking devices and software. 

Hajtamiri had given her belongings to York Regional Police for analysis after she was attacked by two masked men in the parking garage of her Richmond Hill condo building on Dec. 21. Prior to the attack, two illegal tracking devices had been discovered underneath her Lexus by workers at a dealership when she brought the car in for service, a relative previously told CBC News.

Fearing for her safety, Hajtamiri moved in with family in Wasaga Beach right after the parking garage attack. She'd been staying there for nearly three weeks without incident. The only time she left was when she picked up her car, computer and cell phone at the request of police and brought the belongings back to her relatives' home on Jan. 10, according to sources with direct knowledge of the situation.

Two days later, on Jan. 12, she was forcibly taken from the house by three men — and is still missing. 

"Elnaz did everything right," said Toronto lawyer Devin Bains, who was hired to look into the case by Hajtamiri's family. 

"She contacted the authorities every time she should have, she had faith in them as she should have to protect her, and to look into things effectively. I do not know if the police acted as they should have."

The former Crown prosecutor told CBC News that, based on his experience with similar investigations and forensic work, the roughly three weeks police had Hajtamiri's electronics to look for tracking devices and software was "shockingly short" for the work to be completed properly. 

"I'm hopeful the work was done, and I'm hopeful that Elnaz's situation was taken seriously, but it is a very short period of time," Bains said.

In a statement, a York Regional Police spokesperson wouldn't confirm whether or not investigators took Hajtamiri's belongings to check for tracking devices or software, citing the ongoing investigation. The service wouldn't release details "on any evidence seized." 

Const. Laura Nicolle did confirm they seized tracking devices as part of their investigation, but wouldn't provide specifics on how many trackers were seized and when. 

On top of the two tracking devices found on Hajtamiri's car by dealership staff before the parking garage attack, sources with direct knowledge of the situation told CBC News a third tracking device was found on her Lexus by police.

Those sources say it's unclear whether police found that tracker when investigators had Hajtamiri's car for three weeks following the parking garage attack, or whether the tracker was found on the car after she was abducted. 

How Hajtamiri's car and electronics were analyzed is just one of several aspects of the police investigation Bains finds concerning in the wake of Hajtamiri's abduction. The lawyer told CBC News that despite the parking garage attack — and evidence of surveillance — making it clear Hajtamiri was in imminent danger, the circumstances of her abduction suggest there wasn't an organized plan to keep her safe. 

Hajtamiri was abducted by three men who were dressed in police gear and claimed to have a warrant to arrest her on Jan. 12 around 8:30 p.m., according to the Ontario Provincial Police. The suspects overpowered the homeowner and abducted Hajtamiri, then took off in a white Lexus RX SUV.