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

attack on Parliament Hill

Soldier, gunman who died in Ottawa rampage identified (w/photos, video) [updated]

ANDREW DUFFY OTTAWA CITIZEN Updates at 5:10 p.m. Soldier killed in War Memorial confirmed as Cpl. Nathan Cirillo Suspect, reportedly Canadian-born Michael Zehaf-Bibeau, killed in Centre Block shootout Police call situation…
Continue Reading »

Parliament gunman shot

Shaken Surrey MPs Jasbir Sandhu, Jinny Sims calling from scene of Parliament shooting (w/photos, video)

TOM ZYTARUK SURREY NOW OTTAWA — Surrey MPs Jasbir Sandhu, Jinny Sims and their New Democrat colleagues were in a party caucus meeting in Ottawa…
Continue Reading »

LIBERTY MEDAL

Stephen Harper cancels Malala Yousafzai citizenship ceremony in light of Ottawa shooting

THE CANADIAN PRESS TORONTO – Prime Minister Stephen Harper’s office says two scheduled events today in Toronto with Nobel Peace Prize winner Malala Yousafzai have…
Continue Reading »

LOCAL NEWS

Parliament hill

Narendra Modi condemns ‘extremely disturbing’ Ottawa shootout

IANS New Delhi – Prime Minister Narendra Modi described Wednesday’s shootout near the Canadian parliament in Ottawa as “extremely disturbing”. “News of the attack in…
Continue Reading »

attack on Parliament Hill

Soldier, gunman who died in Ottawa rampage identified (w/photos, video) [updated]

ANDREW DUFFY OTTAWA CITIZEN Updates at 5:10 p.m. Soldier killed in War Memorial confirmed as Cpl. Nathan Cirillo Suspect, reportedly Canadian-born Michael Zehaf-Bibeau, killed in Centre Block shootout Police call situation…
Continue Reading »

Parliament gunman shot

Shaken Surrey MPs Jasbir Sandhu, Jinny Sims calling from scene of Parliament shooting (w/photos, video)

TOM ZYTARUK SURREY NOW OTTAWA — Surrey MPs Jasbir Sandhu, Jinny Sims and their New Democrat colleagues were in a party caucus meeting in Ottawa…
Continue Reading »

Don't Miss...

Vancouver-Surrey-Festival-India

Diwali celebrations in Vancouver and Surrey

DiwaliFest celebrates its 11th anniversary from Oct. 17 to 26 at various sites in Surrey and Vancouver. Diwali Celebration Friday, Oct. 24 at Firehall Centre…
Continue Reading »

Facebook photo showing Martin Rouleau

Canada is Losing the Values War

UJJAL DOSANJH SPECIAL TO VANCOUVER DESI The dreaded happened in St-Jean-sur-Richelieu, a quiet historic town in Quebec. Many years ago I stayed there for a…
Continue Reading »

Butter Chicken

Light up Diwali with this delicious dinner: Butter Chicken, Basmati Rice with Peas, Chickpea Masala and Gulab Jamun

Indian festival is a fine reason for a feast BAL ARNESON POSTMEDIA NEWS Diwali is India’s biggest festival. People light candles and divas (small Indian…
Continue Reading »

INDIA-WILDLIFE-ELEPHANT

Heartbreaking photos of two elephants electrocuted in India

IANS Siliguri – Two elephants, including a female, were electrocuted in West Bengal’s Darjeeling district Saturday, an official said. The tuskers were found in a…
Continue Reading »

Aman Grewal

Gallery: Army officer’s wife wins Mrs. India Worldwide pageant

IANS New Delhi – Aman Grewal, wife of an army officer, was declared the winner of Haut.Monde Mrs.India Worldwide 2014 here. Grewal, who hails from…
Continue Reading »


Bollywood Latest

Jackie Chan

First India-China joint venture film starring Jackie Chan launched

HINDUSTAN TIMES Chinese action star Jackie Chan will star in the first Sino-India joint film production slated to go on the floors in the coming…
Continue Reading »

Bollywood

Saif Ali Khan poses with pants down

IANS New Delhi – Actor-producer Saif Ali Khan was caught and clicked with his pants down while shooting for his new film “Happy Ending”. As…
Continue Reading »

Bollywood

Bollywood actress Alia Bhatt says ‘Going Home’ a special short film

IANS Mumbai – If the masses loved her in movies like “Highway” and “Humpty Sharma Ki Dulhania”, Alia Bhatt has again won many a heart….
Continue Reading »