'There's something wrong with the justice system,' says officer who responded to dropped murder case
Sivaloganathan Thanabalasingam, accused of second-degree murder, had case stayed because of Jordan ruling
A Montreal police officer says he has serious doubts aboutthe justice systemafter a man accused of murderwill go freebecause his case took too long to make it before the courts.
In 2012,Hugues Olivier was the first officer to arrive at the murder scene ofAnujaBaskaran, a21-year-oldAhuntsicwoman.
Police arrestedSivaloganathanThanabalasingam, her husband,and he was charged with second-degree murder inAugust of that year.
"I just can't believe it," said OIivier, after hearing the news thatThanabalasingamwould be released without a trial.
"I think there's something wrong with the justice system, that a guy who's accused of killing his wife can go around and walk freewhile the family of the victim still feels the pain."
On Thursday, a judge ruledthat Thanabalasingam'scaseshould be stayed because he had waited beyond the accepted time limit for a criminaltrialto begin.
According to the Jordanruling,provincial court cases must now be completed within 18 months, and Superior Court cases must now make it through the trial processwithin 30 months.
After 56 months of detention, Thanabalasingam's trial was set to begin Monday.
'We did our job'
"I've been a police officer for 18 years, and if I had known that things like that could happen, I think I would have made another career choice," said Olivier.
He told the Canadian Press he was "outraged" at the news, and that he doesn't know of any reason why the case would have been subject to such a lengthy delay.
"I know that we did our job and he's walking free today," he said.
'Exceptional situation'
This is the first time an accusedmurderer in Quebechas seen charges stayed because of the Jordan ruling.
"Because it is such an exceptional situation, we are asking the justice minister to look at the use of the notwithstanding clause,"saidVroniqueHivon, thePartiQubcoisjustice critic.
The notwithstanding clause, also known as Section 33 of the Constitution, allows provincial legislatures to pass laws that overrideparts of theCanadianCharter of Rights and Freedoms.
In this case, itwould be invoked to override section 11b, which holds that anyone accused of a crime "be tried within a reasonable time."
Quebec Bar calls for action
"The Quebec Bar feels that the current situation can no longer continue and that all judges must be appointed in order to remedy the delays of our courts," said association presidentClaudiaPrmont.
The Quebec Crown prosecutor'soffice told the Canadian Press that it would not comment on the stay of proceedings forThanabalasingam.
With files from the Canadian Press and CBC's Steve Rukavina