Exoneration in Canada Yesterday…

A special prosecutor has concluded that a miscarriage of justice took place in the case of a man convicted more than seven years ago of sexual assault.

Lawyer Peter Wilson was appointed in September 2011 to review a conviction for sexual assault against Gurdev Singh Dhillon.

Dhillon had been convicted in October 2005 following a trial in B.C. Provincial Court in Surrey.

The case against Dhillon included an in-court identification of him as one of the two perpetrators of the July 2004 sexual assault and other evidence of his presence at the scene.

Dhillon was sentenced to four years in prison. Appeals of both his conviction and sentence were dismissed in 2006.

According to Surrey RCMP, in August 2011, sexual-offence investigators who were reviewing the investigation that led to Dhillon’s conviction determined that the initial investigation “did not sufficiently consider additional avenues regarding other potential suspects.”

This information was not shared with prosecutors or defence lawyers during the original trial or Dhillon’s appeals.

In September 2011, Surrey RCMP alerted the Criminal Justice Branch and asked Delta police to conduct an independent external review and a parallel investigation into the original sexual assault complaint. That let to Wilson’s appointment

“Based on his consideration of the material as a whole, and in light of the issues raised at Mr. Dhillon’s trial, the special prosecutor has concluded that a miscarriage of justice occurred,” a news release from the Criminal Justice Branch stated Wednesday.

“This conclusion relates to the fairness of Mr. Dhillon’s trial based on non-disclosure to him of material evidence.”

Wilson has recommended that Dhillon be provided with full disclosure of the materials reviewed by the special prosecutor and an opportunity to apply to have his conviction set aside.

Surrey RCMP Supt. Bill Fordy issued an apology Wednesday.

“I recognize, and understand, that the general public will have concerns about this incident. I share those concerns and deeply regret the impacts these mistakes may have had on all those involved,” Fordy said in a news release.

“When the mistakes were brought to my attention, I, and other senior managers, took the corrective steps available to us.”

Wilson has also approved charges against two other men.

Mohammed Zaaid Ukhttar and Sital Singh Bhatti were charged Feb. 12 with one count each of sexual assault. First court appearances have been scheduled for April 5.