Ajaib Singh Bagri leaves B.C. Supreme Court in Vancouver with his daughter. (Richard Lam/CP)
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Vancouver — In a stunning conclusion to a case that spanned 20 years, two Canadians were found not guilty on first-degree murder charges in the bombing of Air-India Flight 182 that killed 329 people.
Mr. Justice Ian Bruce Josephson of the B.C. Supreme Court found that Vancouver businessman Ripudaman Singh Malik and mill worker Ajaib Singh Bagri were each not guilty in connection with the deaths of the people aboard the flight on June 23, 1985, and on murder charges in connection with a bomb that killed two baggage handlers in Tokyo on the same day.
The bombs did originate in Vancouver, Judge Josephson ruled, but two decades after they exploded Canadian officials are no closer to solving the case.
The Judge told the courtroom Wednesday that he questioned the credibility of the Crown witnesses. He said there were too many inconsistencies in the key witnesses' story and too many motives for revenge against Mr. Malik. And he said there was little hard evidence connecting the two suspects to the bombing.
Mr. Malik left the court and drove away without any comment, but his family posted a statement on his website that proclaimed his innocence and expressed sadness that the perpetrators who are responsible for the crime still have not been brought to justice. Mr. Bagri's daughter told reporters outside the B.C. courtroom that the judgments are a great relief to her family, who maintain Mr. Bagri's innocence. She delivered a statement on behalf of her father, who stood behind her.
"It is my view that the conclusion of these proceedings will now allow the healing to begin," she said.
In explaining his decision regarding Mr. Bagri, Judge Josephson said he did not believe any of the witnesses. He said he didn't find them credible and said the evidence against Mr. Bagri rested on hearsay statements which couldn't be confirmed.
"Justice is not achieved if a person is convicted of anything less than beyond a reasonable doubt," the Judge read aloud to those gathered in the Vancouver courtroom to hear the verdict. His entire summary of his decision was concluded in less than one hour. The full written judgment is more than 500 pages.
Judge Josephson delivered the summary of his verdict to a stunned courtroom.
The decision shocked family members of those who died and others in the Sikh community.
"Who did it?," Sarwan Singh Randhawa, a spokesman for the Sikh Khalsa Diwan Society, said on CBC after the verdict was known. "Who put the bombs on the plane? This is not fair for those families whose loved ones are lost."
"There should be a public inquiry. Every Canadian has the right to an answer."
After he read his decision, the judge left the room, leaving family members of the victims and the accused shocked and stunned at what had just happened and at the speed at which the verdict was read.
Some members of Mr. Malik's family were seen pumping their fists in the air when the verdict was read. Many could not get up at first, they were frozen in disbelief.
Victims' families sat in silence at first, and then many family members began crying.
About 40 people from the defendants' families were overjoyed at the verdict and some also began crying in relief, saying, "Thank goodness. Thank goodness."
A number of Mr. Malik and Mr. Bagri's family members then got on their cellphones and began placing calls to relatives and friends.
They did not want to speak to the media, however.
In the end, the fate of Mr. Malik and Mr. Bagri hung on the stories of a handful of witnesses who testified against them in the trial by judge alone. He said those witnesses were not credible.In particular, the judge said he did not believe a key Crown witness who said she was in love with Mr. Malik. She told the court that Mr. Malik had confessed to her about bringing down the plane.
But Judge Josephson was troubled by her claims that she was still in love with her former boss and has a deep respect for him. The idea that she is in love with Mr. Malik, he said, was probably a story she made up to bolster her credibility.
"Either this mature, intelligent and strong-willed person has abandoned all she believes in because of overwhelming and unreasoning emotions of the heart, or she is misleading the court by claiming to be [Mr. Malik's] loving confidante in an attempt to blunt the inevitable credibility attack based on animus towards Mr. Malik," he said.
"The latter would also better provide some explanation for the apparent unlikelihood of Mr. Malik having chosen to provide her with such a detailed confession."
After the verdict was released, Crown spokesman Geoffrey Gaul said prosecutors will review the judgment before deciding on an appeal, which must be filed within 30 days. "It's premature at this point to say what will transpire," he added.
Deputy Prime Minister and Public Safety Minister Anne McLellan refused to agree to a public inquiry Wednesday, saying the government needs more time to review the judgement, but adding that she is doubtful an inquiry would shed more light on the case.
B.C. Attorney-General Geoff Plant said he believes the justice system did what it set out to do. He said it is up to the federal government to call a public inquiry.
Families of the victims of the bombing who were gathered in Vancouver to hear the verdict lashed out at Ms. McLellan, Prime Minister Paul Martin and the justice system.
"I am totally appalled that the Deputy Prime Minister would say something like this," said Lata Pada, whose two daughters perished in the bombing.
The victims said the only way for the government to rectify what they see as a second tragedy for them Wednesday was to convene an inquiry.
The judge gave his decision after 217 days of evidence and legal arguments. He withdrew last December to consider his decision, providing few clues as to which direction he would take.
The trial, by judge alone, heard chilling testimony alleging a conspiracy among a group of Canadians inspired by politics and religion to kill hundreds of people with homemade bombs. At times during the trial, the courtroom could barely contain the raw emotions of those who were touched by the deaths of 331 people. More than 35 lawyers were involved in the case since the two men were arrested on Oct. 27, 2000.
In a lawsuit arising from the disaster, the airlines and airport security companies paid in U.S. funds most of the settlements. Many received compensation and some have said they have survived the emotional scars of the event, but others have said even with the trial finished, they will never be able to get past the horror of that day.
The case boiled down, at its simplest, to conflicting versions of private conversations between alleged religious terrorists Mr. Malik and Mr. Bagri and people they once considered their friends.
Judge Josephson also had to consider whether mistakes by the Canadian Security Intelligence Service — which violated the rights of the accused under the Charter of Rights and Freedoms to have a fair trial — should have had an impact on the outcome. The destruction of evidence by CSIS was singled out by the judge for criticism during the trial as "unacceptable negligence."
The case against Mr. Malik and Mr. Bagri was circumstantial. They were not connected to the crime by physical evidence or firsthand testimony. They did not enter the witness box to give their own accounts of their activities.
Mr. Malik was accused of playing a role in planning the disaster and giving $3,005 to a friend to pick up the tickets for the flight.
Mr. Bagri, an angry Sikh preacher who advocated bloody revenge against the Indian government, was allegedly part of the group that took luggage with explosives to the airport.
With files from Allison Dunfield and Canadian Press
