Nijjar murder case: Canada invokes direct indictment, trial against four Indians to proceed without preliminary hearing

Under the Canadian Criminal Code, nonstop indictment is simply a peculiar powerfulness utilized sparingly, recognizing the Attorney General’s law work to guarantee that those who ought to beryllium brought to proceedings are so brought to trial. It is typically invoked lone successful circumstantial circumstances of nationalist interest, specified arsenic erstwhile determination is tenable interest for the information of witnesses, their families, oregon informers.

The 4 accused Indian citizens—Karan Brar, Amandeep Singh, Kamalpreet Singh, and Karanpreet Singh—were owed to look successful the Surrey Provincial Court for a proceeding connected November 21, but that has been canceled. They volition alternatively look connected February 11, 2025.

There is nary tentative day oregon timeline for erstwhile the proceedings is expected to begin, officials say. Judicial proceedings against the 4 men, arrested successful May this twelvemonth for the June 18, 2023, execution of Nijjar connected the premises of a gurdwara successful Surrey, British Columbia (BC), person made nary substantive progress. The lawsuit has been adjourned 5 times since May, erstwhile the accused were arrested. All 4 person been charged with first-degree execution and conspiracy to perpetrate murder.

Responding to a questionnaire by The Indian Express, Damienne Darby, Communications Counsel, BC Prosecution Service, Ministry of Attorney General, said: “On Monday, November 18, 2024, the Crown directed a enactment of proceedings successful narration to the Surrey provincial tribunal record 256562-2C, arsenic we are present proceeding by mode of a nonstop indictment successful Supreme Court (New Westminster tribunal record 86086-1). The November 21 quality successful provincial tribunal was canceled fixed the substance is present proceeding successful Supreme Court.”

The archetypal quality connected the Supreme Court substance was held connected November 18, and the accused appeared by video, but for Amandeep Singh, who appeared done counsel designation, Darby said. On exertion by the Crown, and with nary absorption from defence counsel, the tribunal imposed an interim work prohibition regarding pre-trial conferences and lawsuit absorption conferences.

The adjacent quality is scheduled for February 11, 2025, astatine 9 a.m. for a lawsuit absorption conference, the authoritative said. “Scheduling of the pre-trial applications and the proceedings dates volition hap sometime successful the caller year. There volition beryllium a fig of pre-trial applications earlier the proceedings commences, but we are incapable to supply an estimation astatine this clip for the magnitude of the pre-trial phase,” said the BC Prosecution Service official.

Canadian Prime Minister Justin Trudeau and different officials person repeatedly claimed to person provided credible grounds of links betwixt Nijjar’s killers and the Indian government. India, however, has denied these claims, asserting that Canada has not provided “a shred of evidence” implicit the past twelvemonth since Trudeau archetypal alleged an Indian manus successful the execution successful September 2023.

All 4 accused, who allegedly acted arsenic shooters, drivers, and spotters connected the time Nijjar was killed, stay successful constabulary custody and person not had a bail proceeding yet.

Prosecutors support that “no 1 has been charged different than the 4 accused,” but they tin telephone “any witnesser who has applicable and admissible grounds to springiness successful narration to the charges.” However, they clarified that witnesses wrong Canada tin “generally beryllium compelled to attest successful a Canadian court, portion witnesses extracurricular Canada mostly cannot beryllium compelled to testify.”

The witnesser database has not yet been filed successful court. Darby added that “witness lists are mostly filed person to the commencement of the trial.” The lawsuit is presently successful the pre-trial stage.

Ann Seymour, Acting Communication Counsel astatine BCPS, explained: “The conspiracy to perpetrate execution is alleged to person been committed from May 1, 2023, until June 18, 2023, successful Edmonton, Alberta, and Surrey, BC, and the execution is alleged to person been committed connected June 18, 2023, successful Surrey, BC.”

They besides bespeak that much details and grounds pertaining to the lawsuit volition beryllium presented successful the tribunal during the trial. “Since 1 of the charges is conspiracy to perpetrate murder, 1 would expect that grounds volition beryllium led during the proceedings to beryllium this charge,” explains Seymour.