The murderer alleged free with time still before the court

File Photo Martin Alarie
Sivaloganathan Thanabalasingham (left)

Michael Nguyen

Friday, 2 march 2018 15:26

UPDATE
Friday, 2 march 2018 20:46

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The Sri Lankan who was able to escape his trial for the murder of his wife by reason of the delay could still end up before the courts, since the prosecution hopes to bring the case to the supreme Court.

Sivaloganathan Thanabalasingham, who has since been sent back to his country, thought would no longer be pestered by the canadian court. Last month, the Court of appeal had rejected the claim of the Crown, which demanded the holding of a trial despite the time.

The man, 32-year-old had managed to escape his trial for the murder of Anuja Baskaran, which occurred in August, 2012, in Montreal. Detained for all this time, he had been released by a judge due to too long delays in the courts.

The magistrate was based on the judgment in Jordan of the supreme Court, which limits the waiting time for an accused person on trial. It was the first time in Quebec that a accused of murder were entitled to this measure.

“Useless “

But as the murderer claimed had already been convicted of assault on his wife, he was deported in his Sri Lanka native. Even if there is no extradition treaty with that country, the Crown has appealed from the judgment of the procedures.

“The order of a “new” trial that wants the Crown just is not likely to be executed, has, however, ruled the Court of appeal in the past month. There is no factual basis for believing that such a trial can be conducted a day. “

For the majority, the request of the Crown is thus ” useless “, and there was no reason to hear the case on the merits.

Dissent

The chief justice had, however, indicated his dissent. In his opinion, Thanabalasingham had to be considered, since, according to it, the court of first instance was wrong in putting an end to the cause.

“One thing is for sure : the murder of Anuja Baskaran cannot be rendered useless by a gesture bureaucratic, poorly considered,” she wrote in her dissent.

The Director of criminal and penal prosecutions is of the same opinion.

“The DPCP believes that the question is not theoretical, and that the judgment of the proceedings is not justified,” said spokesman Jean-Pascal Boucher, confirming that the Crown will seek leave to be heard by the supreme Court of Canada.

Before judging the cause, the country’s highest court, however, will have to decide whether it deserves to be heard.