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

Cloverdale artist finds activism for autism through painting

Margaux Wosk wants to spread the word on what autistic people have to offer

Surrey goalie gets a shot with NHL Boston Bruins on China trip

On tryout contract, Derek Dun practiced with team ahead of pre-season game

SFU unveils new lab at Surrey Memorial Hospital

Combination of MRI, MEG allows for ‘best possible windows’ intro brain function

White Rock mayor attacks ‘fearmongering’ candidates

Wayne Baldwin condemns anti-highrise petition, saying Democracy Direct candidates ‘not fit for office’

Comic Strippers to return to Surrey’s Bell for third time

Improv-comedy show is ‘semi-dressed and completely unscripted’

U.S. congressman issues dire warning to Canada’s NAFTA team: time is running out

Canadian Foreign Affairs Minister Chrystia Freeland is expected to resume talks with the U.S.

B.C. RCMP turn to Const. Scarecrow to shock speeders into slowing down

New addition will watch over drivers from a Coquitlam median for first-of-its-kind pilot in Canada

Cyclists finish North America trip to highlight Ukraine struggle

The 10,000 bike ride raised over $10,000 for victims of the war in Ukraine.

21 new paramedics promised for B.C. Interior

A total of 18 new full-time paramedics will be hired for Kamloops and three are being hired for Chase.

Drop-in to a Cloverdale Library Philosophers Café

First cafe of the fall is Tuesday, Sept. 18

Federal stats show slight increase in irregular migrant claims in August

113 extra people tried to cross the Canadian border last month

Tornado reported near B.C. lake

Environment Canada investigates, says a ‘possible’ tornado took place in Mission, by Hayward Lake

Work begins to remove cargo from grounded Haida Gwaii barge and fishing lodge

Westcoast Resorts’ Hippa Lodge broke from its moorings and ran aground early this month

Most Read