Charges against two men accused in a high-profile organized crime investigation have been judicially stayed, as their right to a trial within a reasonable time was breached, according to a Lower Mainland judge.
Sahel Sandhu faced seven charges related to trafficking and Gurjap Singh Bhullar five; all 12 charges were related to a Combined Forces Special Enforcement Unit of B.C. (CFSEU-BC) investigation that started in 2018, according to a press release.
The pair, along with five others, were charged as part of the case allegedly involving a Fraser Valley drug line and the Brothers Keepers gang.
As part of the investigation, Sandhu and Bhullar were arrested and released in April 2019, but charges weren't sworn against either man until more than two years later, on April 23, 2021, according to the ruling.
In the courts, the case initially proceeded normally but slowed as the court tried to set dates for a trial that would work for the Crown and defence. Dates in June 2022 were set for the pre-trial, with dates in January 2023 set for the trial.
In his ruling, Judge D.H. Silverman notes the defence argues the trial date is more than 20 months from the day the charges against the two men were sworn in, breaching their rights. In Canada, per R v. Jordan in 2016, an 18-month period has been set as the reasonable amount of time between charges and a trial for these types of cases. The Crown disagreed.
"In any event, the Crown argues, the time requirements to conclude the matter are the result of illegitimate actions taken by the defence," writes Silverman. "As such, the Crown asserts that the defence should not be entitled to relief for delay that was caused by its own frivolous actions."
After reviewing the case and the attempts to schedule the trial, the judge decided that the defence's actions weren't illegitimate and while the defence's schedule did cause some delays, it wasn't responsible for the trial's delay into 2023.
"I conclude that the trial dates in this matter fall outside the Jordan limits. This is not the result of illegitimate actions undertaken by the defence; nor the result of any periods of implied or express waiver on the part of the defence," writes Silverman.
The ruling goes on to note the Crown was not proactive in the case.
"It then apparently consented to the adjournment of the matter to trial dates clearly outside the Jordan limit," states the judgement.
Silverman therefore judicially stayed the charges against Sandhu and Bhullar.
The cases against the other five had a variety of endings.
One of those charged, Terry Slater, died before the court case concluded. Meredith Kitchen and Brandon Osberg each pled guilty to a charge and ended up with a suspended sentence and probation. Jason Bryant pled guilty to one charge and received a conditional sentence order. Gregory Joseph Greenlay is wanted on an outstanding warrant.
As a result of the same CFSEU-BC into the Brothers Keepers, several other charges were subsequently brought against others from around British Columbia.
