INDEPTH: AIR INDIA
The Verdicts
CBC News Online | March 16, 2005
Ripudaman Singh Malik
(Malik's bio)
Charges:
- Conspiracy to commit murder under section 423(1)(a) of the Criminal Code
- First degree murder of the passengers and crew of Air India flight 182, under section 218(1) of the Code
- Attempted murder of the passengers and crew of Air India flight 301, under section 222 of the Code
- First degree murder under section 218(1) of the Code in relation to the explosion at the Narita airport
- 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.
The verdict for Ripudaman Singh Malik: not guilty on all counts.
Mr. Justice Ian Josephson found the credibility of witnesses testifying against Malik was "wanting."
He wrote: " Even if I were to accept all of the Crown’s submissions regarding the inferences to be drawn from the balance of the evidence in this case, there is simply no evidence tending to point to the role Mr. Malik may have played in the conspiracy to place bombs on Air India planes. It follows that the Crown has not proved its case against Mr. Malik 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."
Complete text of the verdicts.
Ajaib Singh Bagri
(Bagri's bio)
Charges:
- Conspiracy to commit murder under section 423(1)(a) of the Criminal Code
- First degree murder of the passengers and crew of Air India flight 182, under section 218(1) of the Code
- Attempted murder of the passengers and crew of Air India flight 301, under section 222 of the Code
- First degree murder under section 218(1) of the Code in relation to the explosion at the Narita airport
- 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.
The verdict for Ajaib Singh Bagri: not guilty on all counts.
On the case against Bagri, Mr. Justice Ian Josephson wrote: "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.
Complete text of the verdicts.
Josephson ended his written ruling with this 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 on anything less than the requisite standard of proof beyond a reasonable doubt. Despite what appear to have been the best and most earnest of efforts by the police and the Crown, the evidence has fallen markedly short of that standard."
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