Victory of accused in Air India crash lawsuit slim: experts

The chances of success of Ripudaman Singh Malik, one of the two Sikhs acquitted in the 1985 Air India jumbo jet crash case, in his suits against the Canadian government as well as that of British Columbia for malicious prosecution are extremely low, experts said.
Singh, a Vancouver-based wealthy textile businessman, has sued the governments seeking unspecified monetary compensation.
'It's possible, but it requires not just that you were tried and found not guilty and suffered damages,' Janine Benedet, a professor of criminal law at the University of British Columbia, was quoted as saying by the Globe and Mail newspaper.
Singh and co-accused Ajaib Singh Bagri were arrested in October 2000, 15 years after Air India flight 182 crashed off the coast of Ireland, killing all 329 passengers and crew. He spent approximately four years in jail and millions of dollars defending himself in the case.
Anthony Sheppard, who teaches at a law school here, said the critical issue in a lawsuit of this type is whether the prosecution was based on malice. Did the prosecution proceed with the case blindly, knowing it to be futile from the start?
'The standard for a conviction in a criminal case is proof beyond a reasonable doubt. The prosecutor could have a valid basis to believe that a person should be charged, even though the court says the evidence was not sufficient,' Sheppard said.
23/03/07 India eNews.com

To Read the News in full at Source, Click the Headline

Categories: Air India Mar 2007, Foreign Mar 2007, Safety Mar 2007