Canada Court Overturns Indian-Origin Man's Sexual Assault Conviction

Toronto: An Indian-origin man's sexual assault conviction in Canada that led to his imprisonment and deportation has been overturned by a Canadian court, about nine years after the guilty verdict against him.

A Court of Appeal in the Canadian province of British Columbia has thrown out the 2005 conviction, which the Crown later admitted was a "miscarriage of justice," of Gurdev Singh Dhillon.

The Court of Appeal has considered DNA evidence that was not disclosed to the defence counsel of Dhillon before his trial, and in a decision released last week set aside his 2005 convictions for sexual assault and assault, The Vancouver Sun reported.

Justice Anne MacKenzie, however, did not acquit Dhillon.

She said the DNA evidence would not necessarily lead to his acquittal in a new trial, but further court action "would perpetuate an injustice and undermine the integrity of our judicial system."

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"In all the circumstances, I conclude a new trial would constitute an abuse of process, and that a judicial stay of proceedings is the appropriate remedy," she said in a unanimous ruling by the three justices on the panel.

MacKenzie did not award court costs to Dhillon, even though the trial ended up in the Supreme Court of Canada.

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She said while the case shows a substantial lack of attention by the Crown, there is no evidence of bad faith or malice. She concluded the non-disclosure of evidence did not amount to a marked and unacceptable departure from the reasonable standards expected of the Crown.

The allegation dates back to July 7, 2004, when a woman said she was driven to a Surrey home and sexually assaulted.

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She alleged she was pushed into a bedroom and raped by two of the three males who were present.

The victim testified during the March 2005 trial that she had given birth to a child as a result of the sexual assault.

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Dhillon was convicted of sexual assault and assault in October 2005 and sentenced to four years in prison in February 2006. He was released from custody in October 2008 and deported to India.

Paul Briggs, who is Dhillon's attorney, said he has not yet talked to his client about the ruling. He said his client can now apply to return to Canada, where he is expected to take legal action.

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"It's been a devastating impact. Essentially, it was responsible for his first divorce, largely, at least in my view, and it took himself from a very good job in Canada, which he had working at the mill, and took away all of his rights and imprisoned him as a sex offender, so the damages to him are significant," Briggs was quoted as saying.