Barry Artiste Op/Ed
Certainly the church who sponsored this refugee must feel pangs of guilt, and the Canadian Immigration and Border Services must wonder how after being deported, he get right back into Canada to begin his murderous rampage.
Again, the Public must ask themselves WTF, concerning Canada’s generous refugee system and delays in deporting those who turn to crime.
http://www.nationalpost.com/news/story.html?id=906944
Top court orders new trial in severed head case
Janice Tibbetts, Canwest News Service Published: Friday, October 24, 2008
OTTAWA — The Supreme Court of Canada overturned a first-degree murder conviction Friday and ordered a new trial for a Hungarian drug dealer who was in Canada illegally when he was charged with shooting an associate whose severed head was found near Squamish, B.C.
By a 4-3 margin, the divided court ordered a new trial on the grounds that the judge botched her instructions to the jury and the Crown withheld information that could have affected the outcome of the case.
The ruling gives Mihaly Illes, who slipped back into Canada within months of his 2000 deportation, a fresh chance to clear his name in the 2001 killing of 28-year-old Javan Luke Dowling.
“Neither error can safely be characterized as harmless and either alone warrants a new trial,” justices Louis LeBel and Morris Fish wrote for the majority.
“The trial judge’s instruction … was improper and the Crown violated its constitutional obligations of disclosure.”
Illes, 40, was sentenced to life imprisonment in 2004.
His victory yesterday is the latest twist in his lengthy clashes with the Canadian justice and immigration systems, which began soon after he came to Canada in 1992 as a refugee sponsored by the Calvin Hungarian Presbyterian Church of Edmonton.
Tags: Canada | British Columbia | Crime | court | murder | World | immigration | justice | new trial | severed head case
