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March 16, 2005

No escaping Air India Inquiry

Today's acquittal of two men accused of planting the bombs that brought down an Air India jet off the coast of Ireland and that exploded at Japan's Narita airport in June of 1985 underlines the extent to which the prosecution of this largest act of mass-murder in Canadian history was botched by investigator and hampered by the long years it took to get to trial.

In acquitting the two accused the judge pointed to a number of factors which led him to have reasonable doubt as to their guilt. He says a key prosecution witness was "not truthful with (the) court," he called other Crown witnesses unreliable and he blasted Canadian Security and Intelligence Service (CSIS) investigators who destroyed key wire tap evidence calling it "unacceptable negligence."

The Crown has left the door ever-so-slightly open for an appeal of the Court's decision but the pressure is building for a public inquiry into convict those who committed this crime. Those asking for an inquiry are right.

At the risk of sounding lawyered-up, I make no judgment on the guilt or innocence of the two accused men. I wasn't present for all of the testimony and it would be irresponsible for me weigh in on that matter.

Having said that, Crown prosecutors faced an uphill battle from the time the case was handed over to them by police.

There were rumours the RCMP and CSIS fought over turf during the investigation and certainly the negligence of Canada's intelligence service. The impact of those two issues on the unsuccessful prosecution need to understood and, if necessary, remedies must be put in place to ensure they do not happen again.

The fact it took nearly 20 years to reach this point also needs to be addressed. Canadians and the families of the victims need to understand why the wheels of justice turned so slowly in this case. Was it because two potentially key prosecution witnesses were killed over the time it took to investigate? Was it a result of the fact the crime scene was at sea, making forensic science almost useless?

There are also already allegations racism played a part in this fiasco. Some family members speaking at anews conference this afternoon suggested government would have taken the event more seriously if the dead had been predominantly white. While I doubt this is the case, the allegation must also be addressed.

Deputy Prime Minister Anne McLellan doesn't seem to agree, however. She all but ruled out a public inquiry suggesting there may not be anything more to learn.

"At this point, it's not possible for me to say ... that there would be a benefit from a public inquiry," she said.

But I doubt the Paul Martin Government will be able to fend off demands for an inquiry much longer. There are too many questions still unanswered, too many people disappointed at the result and too little apparent commitment form government to get to the bottom of it. The pressure will be unbearable, particularly if the Crown can find no error of law on which to appeal today's ruling.

Further Reading:
Malik, Bagri not guilty in Air India bombings (CTV News)
Families shocked by verdict, demand an inquiry (CTV News)
2 acquitted in Air India bombings (CBC News)
McLellan fields calls for Air India inquiry (CBC News)

Posted by maxthecat on March 16, 2005 at 06:10 PM | Comments (0) | Printer-friendly version
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