SECRET
HEARINGS IN AIR INDIA BOMBING CASE?
Monday, June 9, 2003
By
Salim Jiwa
VANCOUVER –
Seeking more evidence to bolster their case, government lawyers
prosecuting two suspects in the terrorist bombing of Air India flight 182
could be using a tough new law enacted by Ottawa in the wake of the 9/11
disaster in the U.S.
In fact,
information received by this writer suggests the first hearing under
amendments to the criminal code introduced under Bill C-36 that allows
authorities to compel a person with knowledge about an ongoing terrorism
investigation to appear at a secret hearing in front of a judge may have
already occurred.
Under the
amendment designed to aid police and crown in a terrorism investigation, a
person subpoenaed with the approval of the attorney-general must appear
before a judge and detail their knowledge about an act of terrorism or a
person sought in connection with a terrorism investigation.
Bill C-36
evoked controversy when it was introduced in parliament shortly after the
Sept. 11 attacks in the U.S. launched by the Osama bin Laden organization
known as Al Qaeda. Amnesty International and other human rights
organizations were severely critical of the law which provides for secret
hearings and allows police to detain terrorism suspects for longer than
the normal detention provisions on other criminal code offences.
It is
believed crown counsel involved in prosecution of Ajaib Singh Bagri and
Ripudaman Singh Malik, both charged with multiple counts in the downing of
the aircraft, subpoenaed the wife of a convicted terrorist to appear
before a judge to detail her knowledge about a man long sought by RCMP in
connection with a bush-bomb experiment performed by two men 19 days before
the flight was blown up with a time-bomb.
Under the
criminal code amendment, the person called before a judge can be
represented by counsel and is protected from the normal rules of self
incrimination. Information gleaned at such hearing cannot be used to
prosecute the person giving the information to the judge. However, the
information can be used in the prosecution of terrorism cases against
others.
It is
possible the government could call several other people believed to have
knowledge about the Air India bombing case to appear before a judge and
disclose their knowledge.
Crown
Counsel spokesman Geoff Gaul will not say whether such hearings have taken
place or are contemplated under the so-called anti-terrorism law passed in
December 2001. He said any such discussion would take place in court.
He added,
however, that the government would use “all available legal tools” and
“leave no stone unturned” in an effort to execute a successful prosecution
of the Air India case.
329 people
perished when Air India Flight 182 exploded at an altitude of 31,000 feet
on June 23, 1985.
Written
by Salim Jiwa
Author of "The Death of Air india Flight 182"
Permission to reprint must be obtained by emailing:
auth@flight182.com
auth@flight182.com
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