Cablegate: Not Guilty: Canada's Air India Bombing Verdict
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS OTTAWA 000831
SIPDIS
FAA FOR INTERNATIONAL AFFAIRS
E.O. 12958: N/A
TAGS: PTER KCRM PGOV PREL CA
SUBJECT: NOT GUILTY: CANADA'S AIR INDIA BOMBING VERDICT
1. Summary: A British Columbia provincial court acquitted
on March 16, terrorism suspects, Ajaib Singh Bagri and
Ripudaman Singh Malik of conspiracy and murder charges
resulting from their alleged role in the bombing of two Air
India planes in 1985. The case is the largest incident of
mass murder in Canadian history and the worst air-terrorism
act before or since 9/11. The presiding judge listed
witness credibility as the primary reason for the acquittal.
Despite this, the verdict came as a shock to the victim's
families, investigators and the prosecution. End Summary.
2. British Columbia provincial court judge, Justice Ian
Bruce Josephson found Air India bombing suspects, Ajaib
Singh Bagri and Ripudaman Singh Malik not guilty of all
charges on March 16. Authorities charged the pair with
conspiracy and murder offences in October 2000 for their
alleged role in the June 23, 1985 bombings. In his 500-plus-
page decision, the judge noted witness credibility problems
led to his determination. Josephson found the prosecution's
star witness, a woman to whom Malik allegedly confessed,
suffered from memory loss under cross-examination.
Josephson was disturbed by the fact that she repeatedly
professed love for Mr. Malik during the actual trial.
Justice Josephson also noted his concern that the
prosecution used an FBI informant, whom the Royal Canadian
Mounted Police paid to testify as an integral part of their
case.
3. In a media appearance two hours after the verdict was
announced, Deputy Prime Minister Anne McClellan said it was
the responsibility of British Columbia authorities to
examine the decision and decide whether or not to appeal.
She noted the Department of Public Safety would review the
decision thoroughly. McClellan said the Government of
Canada does not believe a public inquiry is necessary,
despite calls for one by victims' families and others. She
noted that significant counter-terrorism, prevention, and
investigation process changes to CSIS and RCMP have been
undertaken both since 9/11 and as a result of the Air India
attack. Note: Many victims' family members are speaking to
media, indicating their shock and disappointment in the
Canadian justice system. They are asking for a public
inquiry into the investigation and prosecution. For
instance, Susheel Gupta, an Ottawa-area lawyer whose mother
was killed in the Air India attack is demanding a public
inquiry, saying that "Canadians deserve that, the victims
deserve that .... There was obviously a failure in all the
agencies that were supposed to protect us."
4. COMMENT AND BACKGROUND: Of the two suspects, Ripudaman
Singh Malik, 58, stood accused of financing the bombings.
He immigrated to Canada in 1972 and created a successful
business empire including Sikh private schools. Ajaib Singh
Bagri, 55, was a very outspoken supporter of Sikh
separatism. He immigrated to Canada in 1971 and became an
outspoken lay-preacher for the small Sikh community in
Kamloops, British Columbia. Both were charged with;
conspiracy to commit murder, attempted murder, murder,
conspiring to place bombs on an aircraft, and causing a bomb
to be placed on an aircraft. Another suspect, Inderjit
Singh Reyat was convicted of building the bomb that went off
in Japan in 1991. He later pleaded guilty to building the
bomb that was placed on Flight 182. He was not called as a
witness. Various key witnesses were not available for the
trial. For instance, Tara Singh Hayer was assassinated in
1998. Hardial Singh Johal died of natural causes.
Following interrogation and torture, Talwinder Singh Parmar
died in custody in India in 1992. Other witnesses have been
intimidated, including the woman who professed her love for
Malik while testifying against him. She was placed under
witness protection. Prosecutors also suspect the woman who
spoke to CSIS, but changed her story at trial was also
intimidated. Other witnesses have been victims of vandalism
and threats but related charges have not been laid. A
warehouse own by Malik himself was vandalized on March 17.
5. Comment: Media attention being directed toward this
verdict is focusing on the time and money spent on the
investigation and trail, and demands for a public inquiry.
Post anticipates the GOC will face mounting pressure of a
public inquiry in the coming months. End Comment.
DICKSON