Sri Lankan man accused of murdering wife in Quebec won't get new trial
Sivaloganathan Thanabalasingham had murder charge stayed against him because of trial delay
There will be no new trial in the first Quebec murder case to be thrown out under the so-called Jordan ruling, a 2016 Supreme Court decision that imposes strict limits on wait times for trials.
The Quebec Court of Appeal ruled Friday it would not order a new trial for Sivaloganathan Thanabalasingham.
In July 2012, he was charged with second-degree murder in the death of his 21-year-old wife, Anuja Baskaran. He spent 56 months behind bars while awaiting trial.
The charges against him were stayed last April due to unreasonable delays in getting to trial.
The Crown was in the process of appealing that decision when Thanabalasingham was ordered deported to Sri Lanka.
In its ruling today, the court said bringing him back to Canada to stand trial again would be unrealistic.
Under the Jordan framework, the ruling sets a 30-month deadline between when serious charges, including murder, are laid and when the trial begins. Any timeline beyond that period puts onus on the Crown to prove the delays were due to case complexity or unavoidable circumstances.
With files from Kristy Rich