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Air India Accused Aquitted

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vison
Post subject: Air India Accused Aquitted
Posted: Thu 17 Mar , 2005 4:37 pm
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The verdict surprised everyone. This case was tried before a judge only, no jury, the choice of the accused. It lasted over a year. It was the most costly investigation and trial in the history of Canada.

Until September 11, 2001, it was the worst act of aviation terrorism ever committed anywhere in the world. Had the bombers not messed up on the time zones, TWO 747's would have been blown out of the sky that day.

The judge said the Crown did not prove its case, so he had no alternative but to aquit. It has caused a furore here, I can tell you.



Wednesday, March 16, 2005





VANCOUVER (CP) - Victims' families relived the deaths of their children, husbands and wives as two men accused of Canada's worst mass murder walked free into the rain on Wednesday.

Hope that there will one day be justice for the 329 souls lost in the attack on Air India Flight 182 was trampled as lawmakers said there may never be justice in the bombing.

For nearly two decades, police and prosecutors have tried to cobble together murder and conspiracy cases against Ripudaman Singh Malik, a Vancouver businessman, and Ajaib Singh Bagri, a Kamloops, B.C., sawmill worker.

They developed a theory that the two men, described in court as Sikh extremists, were involved in a plot to bring down two jets operated by Air India, a symbol of the Indian government, in an act of religious revenge.

But the plan went wrong June 23, 1985, when only Air India Flight 182 fell from the sky off the coast of Ireland, killing all 329 people aboard. A second bomb meant for another Air India jet went off prematurely on the same day, killing two baggage handlers at Tokyo's Narita airport.

During their investigation, the police hit one dead end after another in this city's Sikh community. They blamed mistrust of the force and a lack of cultural understanding for their failures.

The evidence they eventually brought to trial cost the RCMP more than $100 million to gather and took lawyers more than a year to present.

Over gulping sobs by men and women in the gallery, Justice Ian Josephson of the B.C. Supreme Court said despite its best efforts, the prosecution failed to prove any of the charges - including two counts of first-degree murder - faced by Malik and Bagri.

He was especially critical of witnesses who testified against the two men, notably a woman who claimed to be in love with Malik and testified he had confessed to her that he was involved in the bombings.

"I began by describing the horrific nature of these cruel acts of terrorism, acts which cry out for justice," Josephson said in his judgment.

"Justice is not achieved, however, if persons are convicted of anything less than the requisite standard of proof beyond a reasonable doubt. Despite what appear to be the best and most earnest of efforts by the police and the Crown, the evidence has fallen markedly short of that standard."

The distraught families of the victims who had flown in from all over the world to hear a guilty verdict called for a public inquiry.

Some are now grown men and women who lost parents to the bombing as young children. Others are adults who lost husbands, wives and children.

They lined up at a news conference to plead for justice in memory of their loved ones.

"Today we have lost our families all over again, this time to the Canadian justice system," said Sanja Lazar, of Mumbai, whose entire family died in the crash.

"I'm totally hollow, feeling anger and sorrow like so many other families. I travelled halfway across the earth to witness the Canadian justice system, only to find shattered hopes."

Prime Minister Paul Martin had little to offer Lazar and the other family members, leaving the question of an inquiry to his public safety minister to address.

"From the very beginning, our hearts and our prayers have been with the families and they continue to be with the families," he said while visiting Saskatchewan.

Public Safety Minister Anne McLellan said she will await word from B.C. authorities on whether there will be an appeal, but added she doubts a public inquiry would uncover anything not already disclosed by the lengthy trial.

"There will be, tragically, some questions that may very well not be answered," McLellan said in Edmonton.

"I know that is small comfort to the families of the victims of that flight . . . (but) I have to be convinced that at this point there is anything to be gained from a public inquiry."

B.C. Attorney General Geoff Plant also offered little solace.

"It's harder on days like today for some people to stand up and take pride in our justice system," he said, adding a public inquiry is a matter for the federal government to decide.

"The next step in this process is to determine from a review of the judgment whether there are grounds for an appeal. We have to do all the work that can we done around that and we'll see where that takes us."

Bagri, 55, and Malik, 58, spent more than four years in jail.

RCMP spokesman John Ward said the police investigation will continue.

"Police work is not easy, it's not done in 60 minutes like we see on TV," he said. "It's very difficult to get witnesses to come forward."

Families of the victims began crying and hugging each other as the judge delivered his verdict.

There were gasps as Josephson discounted the testimony of the star witness against Malik.

Malik's supporters said "Thank God" and "Thank you" in Punjabi as they heard the verdict.

A London, Ont., man whose daughter died in the Air India bombing said the accused will be judged by God.

"Why did they even have this trial?" said Rattan Singh Kalsi, 75.

"We were suffering anyway. Now we will suffer more."

Prosecutors said Bagri and Malik were exacting revenge after the Indian army stormed the Golden Temple in Amritsar, Sikhism's holiest shrine, in June 1984.

The woman who gave evidence against Malik was an ex-employee, who went into the witness protection program to testify against him.

Josephson said she was strong and intelligent, but he was troubled by her claims that she was still in love with her former boss and has a deep respect for him. The idea that she is in love with Malik, he said, was probably a story she made up to bolster her credibility.

"Either this mature, intelligent and strong-willed person has abandoned all she believes in because of overwhelming and unreasoning emotions of the heart, or she is misleading the court by claiming to be (Malik's) loving confidante in an attempt to blunt the inevitable credibility attack based on animus towards Mr. Malik," he said.

"The latter would also better provide some explanation for the apparent unlikelihood of Mr. Malik having chosen to provide her with such a detailed confession."

The case against Bagri hung on stories from three witnesses who Josephson said were motivated by self-interest or were simply unbelievable.

Bagri's female confidante and alleged girlfriend said he came to her house and asked if he could borrow her car to deliver bags to the airport for a flight he would not be making. But in the witness box, she claimed not to remember telling any of this to police.

"Thus, proof of Mr. Bagri's guilt beyond a reasonable doubt rests upon hearsay statements for which there is no reliable confirmatory evidence," Josephson said. "These statements were provided on a confidential basis and not under oath by a person who falsely claimed loss of memory when testifying."

Bagri issued a statement delivered outside court by his daughter, Inderjit.

"The past 4½ years have been very difficult for me and my family," the statement said.

"In 1985, at the time these terrible events occurred, I was a passionate advocate of an independent homeland for Sikh people. I had absolutely no involvement in these criminal activities."

Malik left in the passenger seat of a Mercedes without commenting.

A third man, Inderjit Singh Reyat, previously pleaded guilty to manslaughter for his part in the downing of Flight 182.

Reyat, an electrician from Duncan, B.C., was handed another five-year jail term on top of the 10 years he was serving on manslaughter and explosives charges related to the Narita bombing.

The suspected mastermind of the plot was Talwinder Singh Parmar, prosecutors told the trial, which was held in a specially built multimillion-dollar courtroom with protective glass separating the accused and lawyers from the public gallery.

Like other alleged co-conspirators and insiders, Parmar is dead. He was killed in a shootout with Indian police in 1992.

-

VANCOUVER (CP) - Here are the charges faced by Ripudaman Singh Malik and Ajaib Singh Bagri. Each was charged with:

-One count of first-degree murder under section 218(1) of the Criminal Code.

-One count of conspiracy to commit murder under section 423(1)(a) of the Code.

-One count of attempted murder of the passengers and crew of Air India flight 301 from Tokyo to Delhi, under section 222 of the Code.

-One count of conspiring to cause bombs to be placed on board various aircraft, under sections 76.2(c) and 423(1)(d) of the Code.

-Three counts of causing a bomb to be placed on an aircraft, under section 76(2)(c) of the Code.

-One count of first-degree murder in relation to the explosion at the Narita airport in Tokyo in 1985.

-

Excerpts from Wednesday's Air India decision by B.C. Supreme Court Justice Ian Josephson:

"The waters off the coast of Ireland revealed a surrealistic scene of devastation, with floating bodies being retrieved by heroic individuals in dangerous circumstances. . . .

"The long-lasting and significant emotional impact of those rescue efforts was reflected in the faces of those who gave evidence in this trial, almost 20 years later. The emotional impact on family members and friends of the victims remains, no doubt, beyond measure. . . .

"Words are incapable of adequately conveying the senseless horror of these crimes. These hundreds of men, women and children were entirely innocent victims of a diabolical act of terrorism unparalleled until recently in aviation history and finding its roots in fanaticism at its basest and most inhumane level."

-

"Thorough and exacting forensic evidence was a significant factor leading to the manslaughter conviction of Inderjit Singh Reyat for his part in the construction of that explosive device. During the course of this trial, he pled guilty to the same offence for playing a similar role in relation to the Air India Flight 182 explosion."

-

"Now deceased, Talwinder Singh Parmar is generally acknowledged by both Crown and defence to have been the leader in the conspiracy to commit these crimes."

-

"This trial focused primarily on whether it has been proven beyond a reasonable doubt that Ripudaman Singh Malik and Ajaib Singh Bagri were members of that conspiracy. Despite the horrific nature of the alleged crimes, there can be no lowering of the standard of proof from that required in any criminal trial."

-

"Mr. Reyat's involvement in the procurement of components and the development of the bombs used in the conspiracy to blow up the Air India aircraft is not at issue in these proceedings. . . It is without hesitation that I find him to be an unmitigated liar under oath. Mr. Reyat endeavoured to reveal as little information as possible regarding the complicity of himself and others in the offences, while attempting unsuccessfully to craft a story consistent with his plea to manslaughter and his admissions of fact in that connection."

-

"Much of his (Reyat's) evidence was improbable in the extreme and entirely inconsistent with common sense. When caught in obvious and numerous irrationalities, he would seek refuge in memory loss, or offer tentative possibilities or guesses.

Even the most sympathetic of listeners could only conclude, as do I, that his evidence was patently and pathetically fabricated in an attempt to minimize his involvement in his crime to an extreme degree, while refusing to reveal relevant information he clearly possesses. His hollow expression of remorse for his crime must have been a bitter pill for the families of the victims. If he harbours even the slightest degree of genuine remorse, he would have been more forthcoming."

-

"(The confidante) described a deep relationship of love and respect that developed between her and Mr. Malik over the years. She, in essence, described a love affair that was never physically consummated. On the witness stand, she claimed to still love Mr. Malik and stated that her evidence at trial was a betrayal of that love and her promises to him."

-

"While assessing the manner and demeanour of a witness as a test of credibility is an exercise fraught with risks, it rightfully remains one the factors to be considered. (The confidante) had a positive manner and demeanour. She appeared energetic, intelligent, outgoing and had a pleasant manner, while exhibiting a strong will and determination. She revealed an excellent memory, relating vivid details surrounding certain events. However, she often resorted to claimed memory loss when pressed in cross-examination to explain apparent contradictions in earlier statements. Apart from occasional frustration, she appeared largely unfazed by the strong attack mounted in cross-examination."

-

"Surprising, however, were her adamant protestations of ongoing love, respect and longing for Mr. Malik, a man whom she claims admitted his complicity in the senseless mass murder of hundreds of complete innocents. When one adds to that her evidence of his treatment of the student, his countless acts of fraud and, ultimately, his cruel treatment and firing of her from a position that was a central part of her life, that surprise edges towards incredulity."

-

"Either this mature, intelligent and strong-willed person has abandoned all she believes in because of overwhelming and unreasoning emotions of the heart, or she is misleading the Court by claiming to be his loving confidante in an attempt to blunt the inevitable credibility attack based on animus towards Mr. Malik. The latter would also better provide some explanation for the apparent unlikelihood of Mr. Malik having chosen to provide her with such a detailed confession.

"Examining (the confidante's) evidence with reference to the other evidence in this case, I find that she has not been truthful with the Court and that I am unable to rely on her evidence."

-

"Proof of Mr. Bagri's guilt beyond a reasonable doubt rests upon hearsay statements for which there is no reliable confirmatory evidence. These statements were provided on a confidential basis and not under oath by a person who falsely claimed loss of memory when testifying.

Considering the evidence as a whole, I find that the Crown has not proved its case against Mr. Bagri beyond a reasonable doubt with respect to his being a member of the alleged conspiracy or a party to the alleged offences and, accordingly, I find him not guilty on each count of the Indictment."

-

"Final conclusion: I began by describing the horrific nature of these cruel acts of terrorism, acts which cry out for justice. Justice is not achieved, however, if persons are convicted of anything less than the requisite standard of proof beyond a reasonable doubt. Despite what appear to be the best and most earnest of efforts by the police and the Crown, the evidence has fallen markedly short of that standard."

© The Canadian Press 2005

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Wilma
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Posted: Thu 17 Mar , 2005 5:35 pm
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I can tell you I am ticked!!! How? How long was that investigation? There were people who had to be put in witness protection because of this. Holy Fudge!!

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vison
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Posted: Thu 17 Mar , 2005 5:49 pm
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This has been a very peculiar case from the beginning. The sad truth is that it was not pursued properly, and after 20 years the chances of it ever being brought to the right conclusion are just about nil.

The RCMP and CSIS messed up. They even destroyed evidence, because they thought if would never come to trial. They paid huge sums of money to a lying witness who failed absolutely to help the case.

"Everyone" believes Malik and Baghri are guilty. I am one of the believers. Oddly enough, I have known Mr. Malik personally through business, and can attest to the power of his personality and his influence in the Indo-Canadian community. Even aside from this case, Malik is a despicable beastly man.

They got off. The judge's decision was RIGHT, in that the Crown failed to prove the case. But I still think two vicious killers have gone free.

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Wilma
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Posted: Fri 18 Mar , 2005 1:18 pm
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Frell!!! I am going to do some reading about this later on during my weekend. I was talking about this at work. Why in gods name do you destroy evidence!!!!! Never say never. Frell!!!!

Wow Vision you have met the man himself. Whoa!!! It seems that contagious charisma can lead to bad things when someone realises it's powerful. :(

Also could another part of this be that views from government enforcement have changed concerning crime in different Canadian cultures? I know in one case in B.C. the RCMP basically did not investigate or persue the law since they were Indian. It was a 'cultural thing'. 20 years ago I was 5 years old, things have changed alot since then in Canada in terms of dealing with different cultures. I do not know since I was too young to remember really.

I know when my parents explained it to me, they said at the time it happened it was not considered a crime against Canadians. From what little I remember there was quite a bit of multi cultural ignornace back then. As a black person you sould say anything and account it to 'cultural differences' and people wouldn't say anything. Communities were closed for a long time where I grew up. :rage:

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vison
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Posted: Fri 18 Mar , 2005 4:21 pm
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Yes I met Mr. Malik because I was on the board of a credit union for many years. Mr. Malik more or less "runs" the Khalsa credit union, and was often at the system conventions. I quit the board at least in part because it made me angry that even though the Khalsa credit union constantly broke all the regulations, it was never put under supervision.

However, given the case presented, the judge had to aquit. Sad, but true. Aquittal only means "not proven", it does not mean "innocent".

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