Montreal Gazette

Crown appeals decision to stay murder charge

- PAUL CHERRY pcherry@postmedia.com

The Crown has filed an appeal of the decision made last week that resulted in a stay of proceeding­s being placed on a murder case and allowing a man accused of killing his wife to avoid a trial.

The appeal was filed at the Quebec Court of Appeal on Wednesday, one week after Superior Court Justice Alexandre Boucher agreed with Sivalogana­than Thanabalas­ingham’s argument that it had taken the Crown too long to prosecute his case. He was charged with the second-degree murder of 21-year-old Anuja Baskaran in August 2012, and jury selection in his trial was supposed to start on Monday. Boucher ruled that the Crown caused unnecessar­y delays in bringing the case to trial, in particular when it tried to have the second-degree murder charge changed to first-degree murder despite having what Boucher characteri­zed as “weak evidence” that the homicide was planned and premeditat­ed.

Thanabalas­ingham’s request was based on a decision made last summer by the Supreme Court of Canada, known as the Jordan ruling, that was intended to address long delays being experience­d across Canada in bringing criminal cases to trial. Canada’s top court ruled that a person accused of a crime in Superior Court should not have to wait longer than 30 months for a trial.

The Crown argues Boucher “refused to recognize the moderately complex character of the case in a judicial district known for having to deal with problemati­c institutio­nal delays.” Quebec’s Superior Court in the Montreal area — including courthouse­s like Laval, Longueuil, Valleyfiel­d and St-Jérôme — has been plagued by delays for years because of a lack of judges. .

The Crown also argues Boucher did not correctly factor in how Thanabalas­ingham, who was detained since 2012, did not complain about delays he experience­d in the case before the Supreme Court made its decision last year.

The federal government is now seeking to have Thanabalas­ingham removed from Canada based on his criminal record. Months before Baskaran was killed, he pleaded guilty to assault.

 ??  ?? Sivalogana­than Thanabalas­ingham
Sivalogana­than Thanabalas­ingham

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