MV Sun Sea case ends with mistrial, acquittals

Three of four men accused of bringing hundreds of Tamil migrants into Canada illegally have been found not guilty by a B.C. Supreme Court jury.

Justice William Ehrcke declared a mistrial for the fourth man, Kunarobinson Christhurajah, after the jury said it couldn’t reach a verdict.

Lesly Emmanuel, Nadarajah Mahendran and Thampeernayagam Rajaratnam were acquitted.

The jury began deliberations Thursday. On Wednesday, members told the judge they were exhausted and couldn’t reach a verdict.

Ehrcke told jury members to go back and determine if they could reach any verdicts, and if they couldn’t he would declare a mistrial. They returned minutes later with the three not guilty verdicts.

Christhurajah and Emmanuel are Sri Lankan, while Mahendran and Rajaratnam are Canadians.

The MV Sun Sea left Thailand in July 2010 and arrived off the B.C. coast five weeks later, carrying 492 Sri Lankan Tamils who intended to claim refugee status in Canada.

The court heard how the ship crossed the Pacific without a formal crew. Lawyers for Christhurajah, Em manuel and Raj ar at nam argued their clients acted for humanitarian reasons, to assist family or to help fellow asylum seekers.

Emmanuel’s lawyer said his client bought a ticket intending to be a passenger. It was only after the Thai crew abandoned the ship that he took over as captain.

Christhurajah was an asylum seeker and travelled with his wife, while Raj ar at nam had family members on board, the court heard.

Ma hen dr an and Raj ar at nam were in Canada, not on the ship, but the Crown argued both went to Thailand to help arrange the voyage.

Mahen dran’ s lawyer said his client was a victim of mis identification.