Robert Todd|Apr 21, 2011
The Supreme Court of Canada has paved the way for the province of British Columbia to use evidence it collected to show that Ripudaman Singh Malik has the resources to pay a $5.2-million defence tab for the Air India bombing trial.
Malik and his co-accused, Ajaib Singh Bagri, were acquitted in 2005 of charges stemming from the 1985 mass slaying of 331 people. The province issued claims of debt, breach of contract, conspiracy, and fraud when Malik failed to follow though on an agreement to repay his legal costs following the trial.
The top court unanimously agreed that a chambers judge was free to use facts from proceedings related to Malik’s Rowbotham application in reaching a decision that authorized an Anton Piller order for the search of properties owned by the Malik family. The B.C. Court of Appeal had overturned the Anton Piller based on its belief that information from the Rowbotham proceedings was inadmissible.