March 25, 2007
CrimProf Janine Benedet Explains Monetary Compensation is Unlikely for Acquitted Jet Crash Defendant
From earthtimes.com: The chances of success of Ripudaman Singh Malik, one of the two Sikhs acquitted in the 1985 Air India jumbo jet crash case, in his suits against the Canadian government as well as that of British Columbia for malicious prosecution are extremely low, experts, such as University of British Columbia CrimProf Janine Benedet, said.
'It's possible, but it requires not just that you were tried and found not guilty and suffered damages,' CrimProf Janine Benedet was quoted as saying by the Globe and Mail newspaper.
Singh and co-accused Ajaib Singh Bagri were arrested in October 2000, 15 years after Air India flight 182 crashed off the coast of Ireland, killing all 329 passengers and crew. He spent approximately four years in jail and millions of dollars defending himself in the case.
'Defendants who are acquitted are not ordinarily entitled to damages, even though they spent time in jail and may have suffered personally. Showing that evidence was fabricated would not be enough,' CrimProf Benedet said. 'The court would also require evidence of an improper purpose,' she added. Rest of Article. . . [Mark Godsey]
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