Crown won't appeal, Air India families told
Last Updated: Wednesday, May 4, 2005 | 8:08 AM ET
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AIR INDIA BOMBING Canada's largest mass killing |
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PHOTO GALLERY |
Vancouver businessman Ripudaman Singh Malik and Kamloops sawmill worker Ajaib Singh Bagri were found not guilty on March 16 of first-degree murder and conspiracy charges in the bombings.
B.C.'s Ministry of the Attorney General sent a recent e-mail, obtained by CBC News, to people who lost relatives when Air India Flight 182 exploded over the Atlantic Ocean in 1985.
In it, the ministry says it has made "the difficult decision that there are no grounds on which the Crown could launch an appeal."
Ajaib Singh Bagri, and Ripudaman Singh Malik (CP photos)
In acquitting the men, Justice Ian Bruce Josephson of the B.C. Supreme Court said he simply did not believe the testimony of Crown witnesses who linked them to the two bombs.
Judge has right to doubt testimony: Crown
In its e-mail, the B.C. ministry says that the judge was entitled to doubt the witnesses.
"The judge simply didn't believe the Crown witnesses. That is a judge's right in our justice system," says the e-mail.
The ministry says that even if Josephson's judgment was wrong, it wouldn't count as a legal error.
"While we may not agree with that aspect of his decision and may not agree with some of his other findings, these findings of fact by the judge are not errors in the way he applied the law and so cannot be appealed."
The Crown has not announced its decision publicly. However, it has called a news conference in Vancouver for Wednesday morning.
'No excuse not to call an inquiry': victim's son
Speaking for the families, the son of one of the Air India victims, Ed Madon, said they knew an appeal was a long shot.
"We sort of had an indication from Crown earlier that they didn't really have any significant errors in law that the judge made in his verdict," Madon told CBC News.
The families are focused on getting a public inquiry into the Air India investigation, Madon said. "Now there's no excuse not to call an inquiry."
Families of victims recently met with former Ontario premier Bob Rae, who was appointed by the federal justice minister to advise on whether an inquiry is warranted.A total of 329 people were killed when Flight 182 exploded off the Irish coast in March 1985. That same day, a bomb that was being transferred to another Air India flight exploded and killed two baggage handlers in Tokyo.
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