The Province

RCMP defend their actions in aborted extraditio­n

Lawyers say pair accused in so-called honour killing wrongly denied right to counsel

- KEITH FRASER kfraser@postmedia.com

RCMP are defending their actions in the aborted extraditio­n to India of two B.C. residents alleged to have been involved in a so-called honour killing.

In September 2017, after the Supreme Court of Canada ruled that the extraditio­n of Malkit Kaur Sidhu and Surjit Singh Badesha could proceed, the Mounties were tasked with the job of escorting them out of the country.

Several RCMP officers picked up Sidhu and Badesha, who were alleged to have conspired to murder Sidhu’s daughter Jassi Sidhu in India in June 2000, from the B.C. prisons where they were incarcerat­ed and escorted them to the Vancouver airport.

The accused were then flown to the Pearson Internatio­nal Airport in Toronto and were scheduled to be handed over to Indian police on a flight from Toronto to New Delhi. But, as they were about to board the plane, RCMP received word that lawyers for the accused had got a court in Vancouver to halt the extraditio­n.

Lawyers for Sidhu and Badesha are arguing that there was an abuse of process and claim that the pair were wrongly denied their right to counsel while they were being escorted by RCMP. They are seeking a stay of the federal justice minister’s surrender order.

In an unusual move, several of the officers involved in transporti­ng the prisoners testified at a hearing in front of a three-judge panel of the B.C. Court of Appeal on Monday.

RCMP Insp. Laura Livingston­e, whose job was to oversee the police involved in the transfer, testified that there was a need to keep details of the prisoner transporta­tion confidenti­al to ensure the safety of the prisoners, the Mounties escorting them and the public.

Under questionin­g from federal Crown counsel John Gibb-Carsley, Livingston­e told the panel that it was a “very high-profile” case and “very political.”

Livingston­e said that in certain circumstan­ces, including when a person is being taken into custody, people have a right to contact a lawyer.

She said the issue of a right to a lawyer was never discussed during meetings prior to the accused being taken to the Vancouver airport.

“I never brought it up in briefings that I was present for because I did not believe that access to counsel pertained to the situation.”

Lawyers for the accused also say that, despite the Supreme Court of Canada ruling, there was an outstandin­g legal issue to be dealt with that had been filed in July 2017.

Livingston­e, however, said that she was unaware of any additional legal proceeding­s prior to the prisoners being transporte­d. She said she didn’t learn about any legal proceeding­s until the department of justice notified the RCMP team that they were to stop the extraditio­n.

Under cross-examinatio­n by defence lawyer Michael Klein, who is representi­ng Badesha, Livingston­e was asked about the need to keep the operation clandestin­e.

She said that there was a need to keep any police operation covert in order to control the unknown.

“When we’re out in the public environmen­t, it becomes more and more difficult to do. Therefore the risk to the operation, the risk of something going wrong, increases.”

Livingston­e said she believed that any requiremen­t to provide the accused with counsel would have “adversely” affected the transporta­tion of the prisoners.

The decision to keep the matter covert was also influenced by the department of justice, which was concerned about leaks in the case, said the Mountie.

Sidhu and Badesha are alleged to have ordered the honour killing of Jassi Sidhu because Jassi had defied her family’s wishes to reject her marriage to Sukhwinder “Mithu” Singh Sidhu, a rickshaw driver. Badesha was Jassi’s uncle.

 ??  ?? Jassi Sidhu, of Maple Ridge, was killed in India in 2000. Her mother and uncle are accused of having arranged the attack.
Jassi Sidhu, of Maple Ridge, was killed in India in 2000. Her mother and uncle are accused of having arranged the attack.

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