robattoronto
Mar 16th, 2005, 03:55 PM
Vancouver — In a stunning conclusion to a case that spanned 20 years, two Canadians were found not guilty on first-degree murder charges in the bombing of Air-India Flight 182 that killed 329 people.
Mr. Justice Ian Bruce Josephson of the B.C. Supreme Court found that Vancouver businessman Ripudaman Singh Malik and mill worker Ajaib Singh Bagri were each not guilty in connection with the deaths of the people aboard the flight on June 23, 1985.
Judge Josephson told the courtroom Wednesday that he questioned the credibility of the Crown witnesses. He said there were too many inconsistencies in the key witnesses' story and too many motives for revenge against Mr. Malik.
Mr. Malik left the court and drove away without any comment. Mr. Bagri's daughter told reporters outside the B.C. courtroom that the judgments are a great relief to her family. She delivered a statement on behalf of her father, who stood behind her.
"It is my view that the conclusion of these proceedings will now allow the healing to begin," she said.
In explaining his decision regarding Mr. Bagri, Judge Josephson said he did not believe any of the witnesses. He said he didn't find them credible and said the evidence against Mr. Bagri rested on hearsay statements which couldn't be confirmed.
"Justice is not achieved if a person is convicted of anything less than beyond a reasonable doubt," the Judge read aloud to those gathered in the Vancouver courtroom to hear the verdict. His entire summary of his decision was concluded in less than one hour. The full written judgment is more than 500 pages.
Judge Josephson delivered the summary of his verdict to a stunned courtroom.
The decision shocked family members of those who died and others in the Sikh community.
"Who did it?," Sarwan Singh Rahawa said on CBC after the verdict was known. "Who put the bombs on the plane? This is not fair for those families whose loved ones are lost."
"There should be a public inquiry. Every Canadian has the right to an answer."
After he read his decision, the judge left the room, leaving family members of the victims and the accused shocked and stunned at what had just happened and at the speed at which the verdict was read.
Some members of Mr. Malik's family were seen pumping their fists in the air when the verdict was read. Many could not get up at first, they were frozen in disbelief.
Victims families sat in silence at first, and then many families of the victims began crying.
About 40 people from the defendants' families were overjoyed at the verdict and some also began crying in relief, saying, "Thank goodness. Thank goodness."
A number of Mr. Malik and Mr. Bagri's family members then got on their cellphones and began placing calls to relatives and friends.
They did not want to speak to the media, however.
People then began spilling out of the courtroom. It had been at capacity with 150 people and another overflow room where family and friends could watch Judge Josephson read the verdict by closed-circuit television.
The case against Mr. Malik was based almost entirely on the testimony of a woman who said she loved Mr. Malik and that he loved her. As a result of their close relationship, he told her about his involvement in the Air-India disaster in 1997, she said. Mr. Malik's lawyers challenged her credibility and submitted evidence that suggested the confession never took place.
The judge gave his decision after 217 days of evidence and legal arguments. He withdrew last December to consider his decision, providing few clues as to which direction he would take.
The trial, by judge alone, heard chilling testimony alleging a conspiracy among a group of Canadians inspired by politics and religion to kill hundreds of people with homemade bombs. At times during the trial, the courtroom could barely contain the raw emotions of those who were touched by the deaths of 331 people. More than 35 lawyers were involved in the case since the two men were arrested on Oct. 27, 2000.
Families of the victims of the bombing gathered in Vancouver both inside and outside the courtroom to hear the decision. As many as 70 members of victims' families were planning to be in the public gallery of the courtroom Wednesday. For many of them, it has been a long and difficult road.
In a lawsuit arising from the disaster, the airlines and airport security companies paid in U.S. funds most of the settlements. Many received compensation and some have said they have survived the emotional scars of the event, but others have said even with the trial finished, they will never be able to get past the horror of that day.
The case boiled down, at its simplest, to conflicting versions of private conversations between alleged religious terrorists Mr. Malik and Mr. Bagri and people they once considered their friends.
Judge Josephson also had to consider whether mistakes by the Canadian Security Intelligence Service — which violated the rights of the accused under the Charter of Rights and Freedoms to have a fair trial — should have had an impact on the outcome.
The case against Mr. Malik and Mr. Bagri was circumstantial. They were not connected to the crime by physical evidence or firsthand testimony. They did not enter the witness box to give their own accounts of their activities.
Mr. Malik was accused of playing a role in planning the disaster and giving $3,005 to a friend to pick up the tickets for the flight.
Mr. Bagri, an angry Sikh preacher who advocated bloody revenge against the Indian government, was allegedly part of the group that took luggage with explosives to the airport.
http://www.theglobeandmail.com/servlet/story/RTGAM.20050316.w4airindiamain0316/BNStory/National/
Mr. Justice Ian Bruce Josephson of the B.C. Supreme Court found that Vancouver businessman Ripudaman Singh Malik and mill worker Ajaib Singh Bagri were each not guilty in connection with the deaths of the people aboard the flight on June 23, 1985.
Judge Josephson told the courtroom Wednesday that he questioned the credibility of the Crown witnesses. He said there were too many inconsistencies in the key witnesses' story and too many motives for revenge against Mr. Malik.
Mr. Malik left the court and drove away without any comment. Mr. Bagri's daughter told reporters outside the B.C. courtroom that the judgments are a great relief to her family. She delivered a statement on behalf of her father, who stood behind her.
"It is my view that the conclusion of these proceedings will now allow the healing to begin," she said.
In explaining his decision regarding Mr. Bagri, Judge Josephson said he did not believe any of the witnesses. He said he didn't find them credible and said the evidence against Mr. Bagri rested on hearsay statements which couldn't be confirmed.
"Justice is not achieved if a person is convicted of anything less than beyond a reasonable doubt," the Judge read aloud to those gathered in the Vancouver courtroom to hear the verdict. His entire summary of his decision was concluded in less than one hour. The full written judgment is more than 500 pages.
Judge Josephson delivered the summary of his verdict to a stunned courtroom.
The decision shocked family members of those who died and others in the Sikh community.
"Who did it?," Sarwan Singh Rahawa said on CBC after the verdict was known. "Who put the bombs on the plane? This is not fair for those families whose loved ones are lost."
"There should be a public inquiry. Every Canadian has the right to an answer."
After he read his decision, the judge left the room, leaving family members of the victims and the accused shocked and stunned at what had just happened and at the speed at which the verdict was read.
Some members of Mr. Malik's family were seen pumping their fists in the air when the verdict was read. Many could not get up at first, they were frozen in disbelief.
Victims families sat in silence at first, and then many families of the victims began crying.
About 40 people from the defendants' families were overjoyed at the verdict and some also began crying in relief, saying, "Thank goodness. Thank goodness."
A number of Mr. Malik and Mr. Bagri's family members then got on their cellphones and began placing calls to relatives and friends.
They did not want to speak to the media, however.
People then began spilling out of the courtroom. It had been at capacity with 150 people and another overflow room where family and friends could watch Judge Josephson read the verdict by closed-circuit television.
The case against Mr. Malik was based almost entirely on the testimony of a woman who said she loved Mr. Malik and that he loved her. As a result of their close relationship, he told her about his involvement in the Air-India disaster in 1997, she said. Mr. Malik's lawyers challenged her credibility and submitted evidence that suggested the confession never took place.
The judge gave his decision after 217 days of evidence and legal arguments. He withdrew last December to consider his decision, providing few clues as to which direction he would take.
The trial, by judge alone, heard chilling testimony alleging a conspiracy among a group of Canadians inspired by politics and religion to kill hundreds of people with homemade bombs. At times during the trial, the courtroom could barely contain the raw emotions of those who were touched by the deaths of 331 people. More than 35 lawyers were involved in the case since the two men were arrested on Oct. 27, 2000.
Families of the victims of the bombing gathered in Vancouver both inside and outside the courtroom to hear the decision. As many as 70 members of victims' families were planning to be in the public gallery of the courtroom Wednesday. For many of them, it has been a long and difficult road.
In a lawsuit arising from the disaster, the airlines and airport security companies paid in U.S. funds most of the settlements. Many received compensation and some have said they have survived the emotional scars of the event, but others have said even with the trial finished, they will never be able to get past the horror of that day.
The case boiled down, at its simplest, to conflicting versions of private conversations between alleged religious terrorists Mr. Malik and Mr. Bagri and people they once considered their friends.
Judge Josephson also had to consider whether mistakes by the Canadian Security Intelligence Service — which violated the rights of the accused under the Charter of Rights and Freedoms to have a fair trial — should have had an impact on the outcome.
The case against Mr. Malik and Mr. Bagri was circumstantial. They were not connected to the crime by physical evidence or firsthand testimony. They did not enter the witness box to give their own accounts of their activities.
Mr. Malik was accused of playing a role in planning the disaster and giving $3,005 to a friend to pick up the tickets for the flight.
Mr. Bagri, an angry Sikh preacher who advocated bloody revenge against the Indian government, was allegedly part of the group that took luggage with explosives to the airport.
http://www.theglobeandmail.com/servlet/story/RTGAM.20050316.w4airindiamain0316/BNStory/National/