New trial ordered for Maninder Gill in 2010 Surrey shooting

‘The appellant did not receive a fair trial,’ Justice Gregory Fitch found

SURREY — The former managing director of Radio India, Maninder Singh Gill, has won a new trial after appealing his convictions related to a 2010 shooting in Newton near a Sikh temple.

“The appellant did not receive a fair trial,” Justice Gregory Fitch found.

Fitch quashed the convictions and ordered a new trial after Gill appealed, with his lawyer Richard Peck arguing the trial judge had misapprehended material evidence that was central to Gill’s claim of self-defence.

Gill had been sentenced to four years in prison, in 2016.

Justices Richard Goepel and Susan Griffin agreed with Fitch’s reasons for judgment, which were rendered at B.C.’s Court of Appeal in Vancouver on July 5.

Maninder Gill. (File photo)

Gill was convicted of aggravated assault and related firearms offences for the shooting of Harjit Atwal in a parking lot next to the Guru Nanak Sikh Gurdwara temple on Scott Road following a wedding celebration on Aug. 28, 2010.

READ ALSO: Maninder Gill guilty in 2010 shooting outside Surrey temple

“Specifically, the judge misunderstood and overlooked evidence, elicited by the Crown in the cross-examination of the appellant’s niece, that she asked the appellant what had happened shortly after the shooting occurred,” Fitch stated in his reasons for judgment. “She testified that she thought the appellant told her he had been stabbed. The judge failed to take this evidence into account in assessing the self-defence claim.”

“I am satisfied that the misapprehension of this evidence played an essential role in the judge’s rejection of the self-defence claim,” Fitch found. “In addition, I am of the view that the judge engaged in impermissible speculation by concluding that an injury to the palm of the appellant’s left hand was not a puncture wound inflicted by assailants prior to the shooting, as the appellant testified, but a pinch wound caused by the hammer of the revolver used in the shooting. This factual finding as to the cause of the appellant’s hand injury was another important component of the judge’s reasoning that led him to reject the defence of self-defence.”

Gill had testified at his trial that associates of Atwal stabbed his hand. After one of them dropped a gun, he told the court, he grabbed it and fired a warning shot and then shot Atwal in the hip.

Atwal had testified at the trial that he was upset with Gill for “very bad stuff” said about his family on Radio India, Fitch noted in his reasons for judgment.



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

Just Posted

Police dog helps apprehend ‘prolific’ property crime offender near Surrey, Langley border

Douglas Holmes, 47, has been charged with break and enter of a business on the Langley Bypass

Man stabbed in Fleetwood overnight

Police were on scene in the 15200-block of Fraser Highway shortly after midnight

Surrey Community Leader Awards winners revealed

The 16th CLA awards, presented by the Now-Leader, recognized Surrey’s un-sung heroes

North Delta teen dancer to make her debut on the world stage

Emma McQuarrie will be competing in Portugal this June for the Dance World Cup

White Rock-South Surrey Titans prep for football provincials

Association’s midget team to play in B.C. final Sunday in Kamloops

People flocking to Vancouver Island city to see hundreds of sea lions

Each year the combination of Steller and California sea lions take over Cowichan Bay

Drug-related deaths double for B.C. youth in care, advocate says

Teens say positive connections with adults key to recovery

Children’s strawberry-flavoured medicines recalled due to faulty safety cap

Three different acetaminophen syrups part of nationwide recall

Around the BCHL: Junior A cities to host World Junior tuneup games

Around the BCHL is a look at what’s happening in the league and around the junior A world.

International students hit hard by B.C. tuition fee hikes

Campaign seeks regulatory controls be imposed on post-secondary institutions

Trudeau pushes for more Saudi accountability in Khashoggi killing

Prime Minister Justin Trudeau said Canada is still seeking clear answers from Saudi Arabia about what happened to Jamal Khashoggi

School bullying video shows how people with disabilities are devalued: advocates

Brett Corbett, who has cerebral palsy, is seen in a video being stepped while lying in water

CFL will use extra on-field official to watch for illegal blows to quarterback

If the extra official sees an illegal blow that has not already been flagged, they will advise the head referee, who can then assess a penalty for roughing the passer

Older B.C. drivers subsidizing younger ones, study finds

ICBC protects higher-risk drivers, pays for testing costs

Most Read