US embassy cable - 05OTTAWA831

UNCLAS OTTAWA 000831 
 
SIPDIS 
 
FAA FOR INTERNATIONAL AFFAIRS 
 
E.O. 12958: N/A 
TAGS: PTER, KCRM, PGOV, PREL, CA, Air India, Anne McLellan 
SUBJECT:  NOT GUILTY:  CANADA'S AIR INDIA BOMBING VERDICT 
 
1.  Summary:  A British Columbia provincial court acquitted 
on March 16, terrorism suspects, Ajaib Singh Bagri and 
Ripudaman Singh Malik of conspiracy and murder charges 
resulting from their alleged role in the bombing of two Air 
India planes in 1985.  The case is the largest incident of 
mass murder in Canadian history and the worst air-terrorism 
act before or since 9/11.  The presiding judge listed 
witness credibility as the primary reason for the acquittal. 
Despite this, the verdict came as a shock to the victim's 
families, investigators and the prosecution.  End Summary. 
 
2.  British Columbia provincial court judge, Justice Ian 
Bruce Josephson found Air India bombing suspects, Ajaib 
Singh Bagri and Ripudaman Singh Malik not guilty of all 
charges on March 16.  Authorities charged the pair with 
conspiracy and murder offences in October 2000 for their 
alleged role in the June 23, 1985 bombings.  In his 500-plus- 
page decision, the judge noted witness credibility problems 
led to his determination.  Josephson found the prosecution's 
star witness, a woman to whom Malik allegedly confessed, 
suffered from memory loss under cross-examination. 
Josephson was disturbed by the fact that she repeatedly 
professed love for Mr. Malik during the actual trial. 
Justice Josephson also noted his concern that the 
prosecution used an FBI informant, whom the Royal Canadian 
Mounted Police paid to testify as an integral part of their 
case. 
 
3.  In a media appearance two hours after the verdict was 
announced, Deputy Prime Minister Anne McClellan said it was 
the responsibility of British Columbia authorities to 
examine the decision and decide whether or not to appeal. 
She noted the Department of Public Safety would review the 
decision thoroughly.  McClellan said the Government of 
Canada does not believe a public inquiry is necessary, 
despite calls for one by victims' families and others.  She 
noted that significant counter-terrorism, prevention, and 
investigation process changes to CSIS and RCMP have been 
undertaken both since 9/11 and as a result of the Air India 
attack.  Note:  Many victims' family members are speaking to 
media, indicating their shock and disappointment in the 
Canadian justice system.  They are asking for a public 
inquiry into the investigation and prosecution.  For 
instance, Susheel Gupta, an Ottawa-area lawyer whose mother 
was killed in the Air India attack is demanding a public 
inquiry, saying that "Canadians deserve that, the victims 
deserve that ....  There was obviously a failure in all the 
agencies that were supposed to protect us." 
 
4.  COMMENT AND BACKGROUND:  Of the two suspects, Ripudaman 
Singh Malik, 58, stood accused of financing the bombings. 
He immigrated to Canada in 1972 and created a successful 
business empire including Sikh private schools.  Ajaib Singh 
Bagri, 55, was a very outspoken supporter of Sikh 
separatism.  He immigrated to Canada in 1971 and became an 
outspoken lay-preacher for the small Sikh community in 
Kamloops, British Columbia.  Both were charged with; 
conspiracy to commit murder, attempted murder, murder, 
conspiring to place bombs on an aircraft, and causing a bomb 
to be placed on an aircraft.  Another suspect, Inderjit 
Singh Reyat was convicted of building the bomb that went off 
in Japan in 1991.  He later pleaded guilty to building the 
bomb that was placed on Flight 182.  He was not called as a 
witness.  Various key witnesses were not available for the 
trial.  For instance, Tara Singh Hayer was assassinated in 
1998.  Hardial Singh Johal died of natural causes. 
Following interrogation and torture, Talwinder Singh Parmar 
died in custody in India in 1992.  Other witnesses have been 
intimidated, including the woman who professed her love for 
Malik while testifying against him.  She was placed under 
witness protection.  Prosecutors also suspect the woman who 
spoke to CSIS, but changed her story at trial was also 
intimidated.  Other witnesses have been victims of vandalism 
and threats but related charges have not been laid.  A 
warehouse own by Malik himself was vandalized on March 17. 
 
5.  Comment:  Media attention being directed toward this 
verdict is focusing on the time and money spent on the 
investigation and trail, and demands for a public inquiry. 
Post anticipates the GOC will face mounting pressure of a 
public inquiry in the coming months.  End Comment. 
 
DICKSON