Man deported to India for sex conviction wants to return to Canada to pursue exoneration

Published: February 25, 2013

WENDY COX
THE CANADIAN PRESS

RCMP Chief Supt. Bill Fordy of Surrey, shown in a December 2012 file photo, apologized Wednesday for errors made in the investigation of a 2004 sex assault that erroneously led to the conviction and deportation to India of Gurdev Singh Dhillon, who has since said he would like to return to Canada and fight the misscarriage of justice. Ric Ernst/PNG files

VANCOUVER — The lawyer for a man at the centre of a miscarriage of justice in a gang-rape case says his client wants to return to Canada and appeal the conviction.

Gurdev Singh Dhillon was convicted of sexual assault for his role in the July 2004 attack on a woman in Surrey, B.C., and was deported to India in 2008 after his appeal was dismissed.

But lawyer Paul Briggs says new information released Wednesday by the criminal justice branch could have exonerated his client.

“Spoke to him this morning, in fact,” said Briggs on Friday. “He’s expressed a desire to return to Canada and pursue any and all legal remedies that he may have.”

But before any appeal can be launched, Briggs said he will have to obtain evidence that has not yet been disclosed to him.

Neil MacKenzie, spokesman for the criminal justice branch, said officials became aware in 2011 that evidence about the case was not disclosed to the Crown, and therefore not disclosed to the defendant.

The RCMP said it was their own review of the case that year that raised a red flag and determined that the initial investigation “did not sufficiently consider additional avenues regarding other potential suspects.”

The sexual assault was described by the B.C. Appeal Court as “violent and serious” and resulted in making the 19-year-old pregnant.

Court heard she’d met two men at a party several months earlier and had spoken to them over the telephone before she agreed to go out with them.

Briggs said court heard the girl was taken to the apartment of a third man, Dhillon.

The Appeal Court judgment said once there, she was subjected to a prolonged sexual assault and was physically beaten and threatened with death.

Dhillon’s trial lawyer, who was not Briggs, told court that Dhillon was “hanging in the background most of the time,” the court decision said.

Briggs said the trial was told the woman went to hospital where she was examined by a nurse and her underwear was an exhibit at the trial.

The Crown never submitted any results of tests done on the underwear but Briggs said it now appears a DNA test was done on the piece of clothing and never passed on.

“It turns out, one was done and I don’t know when it was done,” Briggs said.

“All I know is that after Mr. Dhillon was convicted, his DNA was compared to these other two and found not to match and that was sometime in June 2006.”

Briggs argued the appeal in October 2006 and lost.

“If I had had that report, I could have submitted that as fresh evidence to the Court of Appeal, and I believe I would have been successful in overturning that conviction on the basis of that report.”

RCMP Chief Supt. Bill Fordy, the officer in charge of the Surrey detachment, said the mistakes are a concern to the force, as well as the public and he apologized Wednesday.

The case was referred to a special prosecutor in 2011 and earlier this month, sexual assault charges were approved against two men.

The two are scheduled to appear in court in Surrey on April 5.


Tags: , , ,





Featured

Mountie death-crash-Surrey BC

Truck driver called ‘forgotten victim’ of fatal Surrey RCMP crash

JENNIFER SALTMAN VANCOUVER DESI   The truck driver involved in the 2012 crash that killed Surrey RCMP Const. Adrian Oliver is a “forgotten victim,” according…
Continue Reading »

Ganesha's wife-Ganpati-elephant god

Indian baby born with a trunk is being worshipped as Hindu deity Ganesha’s wife

HINDUSTAN TIMES A baby girl born with a ‘trunk’ has become a big attraction in Aligarh, where people are flocking to worship her. They believe…
Continue Reading »

racial attack

Video shows Sikh man thrashed in suspected racial attack in Birmingham

IANS London – In a suspected racial attack, police in Britain have come across footage posted online in which a Sikh man is seen being…
Continue Reading »

LOCAL NEWS

Mountie death-crash-Surrey BC

Truck driver called ‘forgotten victim’ of fatal Surrey RCMP crash

JENNIFER SALTMAN VANCOUVER DESI   The truck driver involved in the 2012 crash that killed Surrey RCMP Const. Adrian Oliver is a “forgotten victim,” according…
Continue Reading »

desi alcoholic

Courage To Come Back: Andy Bhatti makes it his life’s work to help young victims of sex abuse

SUSAN LAZARUK VANCOUVER DESI This is the first of six profiles on recipients of the 2015 Courage To Come Back Awards, presented by Coast Mental…
Continue Reading »

SURREY

Alleged terrorist almost killed himself with poisoned samosas before planned Canada Day attack

IAN AUSTIN VANCOUVER DESI Accused terrorist John Nuttall nearly killed himself with strychnine-contaminated samosas six weeks before he planted phoney bombs at the B.C. Legislature….
Continue Reading »

Don't Miss...

India-Canada-Vancouver Desi

Indian PM Narendra Modi to visit Vancouver, Toronto and Ottawa in April

VANCOUVER DESI Indian Prime Minister Narendra Modi is coming to Canada in April, Prime Minister Stephen Harper announced Wednesday. Modi will be visiting Toronto, Ottawa…
Continue Reading »

python escapes, kills children

Exotic Pets: Snake owner charged in deaths of young New Brunswick brothers killed by python

THE CANADIAN PRESS CAMPBELLTON, N.B. — Police in New Brunswick have charged a man with criminal negligence causing death after two young brothers were asphyxiated…
Continue Reading »

Aditi Arya

Miss India World Aditi Arya: Wanted my statement to be India’s

IANS Mumbai – Aditi Arya, the proud winner of this year’s Femina Miss India World crown, says she always wanted to represent India on an…
Continue Reading »

Freedom-Section 66A-India

Teenager shoots himself after father bans Facebook chat

IANS Lucknow - A 14-year-old boy shot himself Thursday after his father reprimanded him for chatting too often on social networking site Facebook, police said. The…
Continue Reading »

messy custody battle-desi lingerie model

Jeremy Renner’s messy divorce from B.C. model gets messier as custody battle rages

VANCOUVER DESI A B.C. woman who was married to Hollywood actor Jeremy Renner is being accused of being a gold digger and blackmailer who has…
Continue Reading »


Bollywood Latest

KALKI KOECHL-Bollywood

Kalki Koechlin says films like ‘Margarita, With a Straw’ need support more than business

IANS Mumbai – Bollywood actress Kalki Koechlin is happy that actor Aamir Khan and his filmmaker wife Kiran Rao are supporting her forthcoming film “Margarita,…
Continue Reading »

My choice-women's empowerment

“My Choice”: Bollywood actress Deepika Padukone is an example of a woman who lives by her own rules

  IANS Mumbai – Deepika Padukone, who has made strong statements about women’s rights in a short video, is an example of a single woman…
Continue Reading »

Nargis Fakhri

Is British actor Dev Patel dating Bollywood babe Nargis Fakhri?

IANS Mumbai – Link-up reports have always been a part and parcel of the glamour industry. And it has now struck actress Nargis Fakhri as…
Continue Reading »