Migrants look over the side of the MV Sun Sea after it was escorted into CFB Esquimalt in Colwood, B.C., on Friday, Aug. 13, 2010. (THE CANADIAN PRESS/Jonathan Hayward)

New trial ordered for man accused of human smuggling in MV Sun Sea case

Ship was the second carrying Sri Lankan asylum seekers to reach B.C. in 2010

The B.C. Appeal Court has ordered a new trial for a Sri Lankan man found guilty of smuggling Tamil migrants to Canada aboard a dilapidated cargo vessel in 2010.

Kunarobinson Christhurajah was convicted two years ago in the B.C. Supreme Court and handed a four-year sentence after almost 500 migrants fleeing the aftermath of war arrived aboard the MV Sun Sea.

Three other men were acquitted.

In his appeal, Christhurajah argued the trial judge incorrectly instructed the jury about the defence of mutual aid, which asks whether he was acting to help fellow asylum seekers and not for financial gain.

In a unanimous decision, the three-member Appeal Court panel said the judge’s instruction made conviction a foregone conclusion and the jury should have been told that if they found Christhurajah’s motivation was financial, the defence of mutual aid wasn’t available.

In a separate ruling, the Appeal Court dismissed the Crown’s appeal of the three acquittals, saying the prosecution didn’t demonstrate that there were errors in the verdicts.

The MV Sun Sea was the second ship of Sri Lankan asylum seekers to reach B.C. in 2010. The Ocean Lady arrived with 76 passengers.

The Canadian Press

Like us on Facebook and follow us on Twitter

Just Posted

Climate change, economy and reconciliation take centre stage at Oct. 15 All-Candidates Forum

Six of the eight candidates were in attendance at the Smithers event

Renewal plan for 9th to be subject of meeting

District, businesses to consider options

Soup kitchen to be added to Salvation Army’s Houston services

Need for food growing as living costs rise

District of Houston applies for grants

The District of Houston is continuing its policy of pursuing grants from… Continue reading

Houston housing needs surveyed

Results to aid District of Houston planning

Spotlight on B.C.: Liberals need at least 10 B.C. ridings to take the election

Black Press Media presents a four-part series into how B.C. will affect the federal election outcome

Kawhi Leonard, former Toronto Raptor, welcomed back to Vancouver at pre-season game

Fans go wild at pre-season game between L.A. Clippers and Dallas Mavericks at Rogers Arena

Greens and NDP go head to head on West Coast; Scheer takes fight to Bernier

Trudeau turns focus to key ridings outside Toronto after two days in Quebec

Canucks beat Stanley Cup champs 4-3 in a shootout

Leivo nets winner, Vancouver dumps St. Louis for fourth straight win

‘The more you test, the more you find’: Beef recalls a sign of success, experts say

Despite appearances, experts say a recent rise in major recalls is not a sign of food supply problems

Scholars say religious vaccine objections can’t be traced to Biblical sources

Vaccinations are a requirement to attend class in Ontario and New Brunswick, while B.C. launched a demand this fall

ELECTION 2019: How would the major parties address Canada’s housing crisis?

Promises include speculation taxes, more affordable housing, and declaring housing a human right

Japanese buyer expands wood pellet contract with B.C.’s Pinnacle

Mitsui and Co. increases contract with Interior energy producer

ELECTION 2019: Have Justin Trudeau’s Liberals really cut middle-class taxes?

Conservative Andrew Scheer vows to cut bottom bracket, NDP’s Jagmeet Singh targets wealth tax

Most Read