VANCOUVER, August 24, 2004
CP
The defence team for an accused Air India bomber received
a judge's praise Tuesday for their work in compiling new evidence for
the case.
Ajaib Singh Bagri's lawyer, Michael Code, introduced
the thick binder of documents with a flourish.
Justice Ian Josephson called the submissions "remarkable
and novel.''
"I am grateful,'' the B.C. Supreme Court judge
said.
The documents included Canadian Security Intelligence
Service surveillance reports of suspected bombing mastermind Talwinder
Singh Parmar in the months before two bombs killed 331 people on June
23, 1985.
Supporting RCMP documents were also included, because
the surveillance reports had varying degrees of reliability, Code said.
There were also several taped long-distance phone calls
between Parmar, who died in a shootout with Indian police several years
ago, and various others, to add to those already submitted by the Crown.
Last week, Code suggested there was a rift between Bagri,
a Kamloops, B.C., sawmill worker, and Parmar. He pointed to a lengthy
April 1985 phone call between Parmar and a Kamloops Babbar Khalsa member
in which they questioned Bagri's loyalty.
A Crown lawyer pointed out Tuesday that Parmar was later
taped laughing about that conversation with another man allegedly involved
in the plot.
The content of the wiretaps has not yet been accepted
as evidence, just the fact that certain calls were made. CSIS wiretaps
have never before been admissible in a criminal case.
Bagri and co-accused Ripudaman Singh Malik, a millionaire
businessman from Vancouver, are charged with conspiracy and murder in
two bombings that targeted Air India and killed 331.
The first blast killed two baggage handlers in a Tokyo
airport. The second tore apart Air India Flight 182 on its way from
Toronto to India, killing 329 people as they crossed the Atlantic.
According to the Crown, a group of Sikh separatists
from British Columbia targeted India's national airline to avenge the
army's raid on the Golden temple, Sikhism's holiest shrine.
Josephson is hearing the case without a jury.
On Tuesday, the defence also introduced a revised translation
of two lengthy conversations that included Parmar.
A translator called as a witness for Bagri had testified
Friday she took exception to parts of an RCMP translation of those calls.
But later that day she met with the RCMP translator
and worked late into the night hammering out a third version, the court
heard Tuesday.
They both agreed on 85 per cent of the revised text,
said Code. But their differences weren't significant.
"They're minor shades of meaning,'' he said.
Code and the translator then reviewed those differences
in detail for the court.