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

CASUAL COUNTRY 2019: Artist, rancher, adventurer Jack Peterson and his Mountain North Art Gallery

Near the bottom of Tatlayoko Hill is Jack Peterson’s Mountain North Art Gallery

COLUMN: Achieving contractor sustainability during uncertain times

With the recent mill closures and market problems, contractors are feeling the impacts

CASUAL COUNTRY 2019: Ocean Falls:where pristine wilderness abounds

Located west of Bella Coola, Ocean Falls is only accessible by boat or seaplane

First of Interior Forest Sector Renewal meetings kicks off in Williams Lake

Around 40 people from local government, industry, COFI, Alkali Resource Management and Williams Lake Community Forest attended

Moleschi, Canada Women’s Sevens competing in Pan American Games July 26 to 28

The Canadians will compete against Brazil, Peru and Trinidad and Tobago

Rich the Vegan scoots across Canada for the animals

Rich Adams is riding his push scooter across Canada to bring awareness to the dog meat trade in Asia

RCMP investigate two shootings in the Lower Mainland

Incidents happened in Surrey, with a victim being treated at Langley Memorial Hospital

CRA program to help poor file taxes yields noticeable bump in people helped

Extra money allows volunteer-driven clinics to operate year-round

Recall: Certain Pacific oysters may pose threat of paralytic shellfish poisoning

Consumers urged to either return affected packages or throw them out

How a Kamloops-born man helped put us on the moon

Jim Chamberlin did troubleshooting for the Apollo program, which led to its success

Sexual harassment complaints soaring amid ‘frat boy culture’ in Canada’s airline industry

‘It’s a #MeToo dumpster fire…and it’s exhausting for survivors’

How much do you know about the moon?

To mark the 50th anniversary of the first lunar landing, see how well you know space

Body, burning truck found near northern B.C. town

RCMP unsure if the two separate discoveries are related

Couple found dead along northern B.C. highway in double homicide

Woman from the U.S. and man from Australia found dead near Liard Hot Springs

Most Read