Tamil migrants arrived in B.C. aboard the MV Sun Sea in August 2010. (Handout file photo)

Supreme Court of Canada affirms acquittals in refusing to hear Tamil migrant case

Three men were cleared after MV Sun Sea arrived in B.C. carrying 492 people from Sri Lanka in 2010

The Supreme Court of Canada has effectively upheld the acquittal of three people who were charged with human smuggling after a rickety ship arrived off the coast of B.C. carrying hundreds of Tamil migrants.

In a decision Thursday, the high court turned down the Crown’s application for an appeal hearing in the case.

In August 2010, the Canadian navy intercepted the cargo ship MV Sun Sea carrying 492 people from strife-torn Sri Lanka and escorted it to CFB Esquimalt.

Lesly Emmanuel, Nadarajah Mahendran and Thampeernayagam Rajaratnam were charged with violating the Immigrant and Refugee Protection Act by organizing, inducing, aiding or abetting the illegal entry of people into Canada.

The Crown alleged the men were part of a human-smuggling operation linked to organized crime.

Emmanuel, who captained the ship, testified that he boarded as a passenger, then reluctantly took the helm to avert disaster for the vessel.

The Crown accused Canadian citizens Mahendran and Rajaratnam, who were not aboard the ship, of helping organize the voyage.

Both argued the evidence that led to their identification was seriously flawed.

READ MORE: Self-preservation, not profit behind accused human smugglers actions, lawyer says

The three men were acquitted in early 2017 by a jury in B.C. Supreme Court.

Last June, the B.C. Court of Appeal upheld the verdicts, saying the Crown had not demonstrated a reasonable possibility that any errors committed by the trial judge affected the outcome.

As usual, the Supreme Court gave no reasons for refusing to hear the case.

The Canadian Press

Like us on Facebook and follow us on Twitter

Immigration

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

UPDATED: Stoked Living development on Hay Rd. will move forward

Revelstoke City Council voted in favour of zoning and OCP amendments required for the project

Two candidates declared for Columbia River Revelstoke

Incumbent Doug Clovechok (BC Liberal) and NDP candidate Nicole Cherlet; nominations close Oct. 2

Okanagan College expands ‘Wellness Wednesdays’ to all students this fall

Wellness Wednesday workshops are designed to be psycho-educational

B.C. reports 91 new cases as officials remain worried over ‘clusters of COVID-19

There have now been a total of 8,395 cases in B.C. since the pandemic began

No one found in creek in Vernon water rescue ‘so far’: deputy fire chief

First responders are responding to reports of an individaul stuck in the creek

Police watchdog investigating after man injured in Penticton RCMP cells

Man suffers serious injuries after being lodged into cells at the detachment

Four more cases of COVID-19 in Interior Health

There are 31 active cases in isolation in the health region

Canada’s active COVID-19 cases top 10,000 as daily new cases triple over the past month

Dr. Tam repeated her warning to young people, who have made up the majority of recent cases

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

First 8 months of fatal overdoses in B.C. have now exceeded 2019 death toll

Nine people died every two days in August, BC Coroners Service data shows

Liberal effort to reset policy agenda panned by rivals as too much talk, not action

Trudeau said it’s ‘all too likely’ families won’t be able to gather for Thanksgiving next month

Penticton woman sentenced to one year in prison for manslaughter death of boyfriend

Kiera Bourque, 24, was sentenced for manslaughter in the 2017 death of Penticton’s Devon Blackmore

Most Read