Mass murder of 329 people
on an Air India flight
The Air
India Flight 182 was an Air India flight operating on the Toronto-Montreal-Lomdon-Delhi route on June 23, 1985. The plane
was a Boeing 747 Jumbo Jet.
The plane consisted of 22 crew members and 307 passengers. Of the
passengers, 86
were children,
including 6 babies. There
were 29 entire families on the plane. Two children not on board had both
parents on board. There were six sets of children with their entire families.
There were 32 people not on the aircraft who had the remaining members of their
families on board. The passengers and crew comprised of 268 Canadian citizens,
27 Britons and 24 east Indians. Most of the Canadians were of East India
descent. Many of the passengers were going to visit families and friends in
India. Most of the victims resided in southern Ontario and were Hindus. Some of
the victims were Sikhs of which around
35 passengers were Sikhs from Greater Montreal. In terms of metropolitan areas, the Greater
Toronto Area was the home of the majority of
the passengers, with Greater
Montreal also having the next largest number of passengers. Some passengers
originated from British Columbia. 45 passengers were employees of Air India or
relatives of Air India employees.
At 07:14:01 GMT, the crew of the
Boeing 747 squawked “2005” (a
routine activation of its aviation
transponder) as requested by Shannon Airport Air Traffic Control (ATC), then disappeared.
A bomb in a Sanyo radio tuner in a suitcase was placed in the
forward cargo hold had exploded while the plane was at a height of 31,000 feet
(9,400 m). Such a turner was a
radio turner which probably had its guts removed and filled with the explosive
material.
The explosion caused rapid
decompression and the break-up of the aircraft
in mid-air. The wreckage settled in 6,700 feet (2,000 m) deep water
off the south-west Irish coast, 120 miles (190 km) offshore of County Cork.
No mayday" call was received by
Shannon ATC. ATC asked aircraft in the area to try to contact Air India, to no
avail. By 07:30:00 GMT, ATC had declared an emergency and requested nearby
cargo ships and the Irish Naval Service vessel LÉ Aisling to look out for the aircraft. By
09:13 GMT, the cargo ship Laurentian
Forest discovered wreckage of
the aircraft and many bodies floating in the water.
Only 132 bodies were recovered.
The remaining 197 bodies were lost at sea. Eight bodies exhibited "flail
pattern" injuries, indicating that they had exited the aircraft before it
hit the water. This was a sign that the aircraft had broken up in mid-air.
Twenty-six bodies showed signs of hypoxia (lack
of oxygen). That would have been caused while they were in the air where there
were no oxygen.. Twenty-five, mostly
victims who were seated near windows, showed signs of explosive decompression. Twenty-three had signs of "injuries from a
vertical force". Twenty-one passengers were found with little or no
clothing. In my opinion, these people must have been close to the explosion and
were blown out of the plane while it was still flying hundreds of miles an
hour. Their clothes would have been torn off at that speed. Imaging if you will,
the pain they would have suffered flying that speed in the freezing cold air
while naked. Fortunately for them, because they had no oxygen in their lungs,
their deaths would have come quickly.
All victims whose bodies were stated in reports had died of
multiple injuries. Two of the dead, one infant and one child, are reported to
have died of asphyxia. There is no doubt about the
asphyxia death of the infant. In the case of the other child, there was some
doubt because the findings could also be caused due to the child undergoing
tumbling or spinning with the anchor point at the ankles. Three other victims
undoubtedly died of drowning. Two of these
drowning victims, were pregnant and one woman was in her second trimester while
carrying her unborn son.
Dr. John Hogan in testimony given
at a coroner's inquest convened in Cork on September 17, 1985 said in part about the pregnant woman;
"The other significant
findings were large amounts of frothy fluid in her mouth and nostrils, and all
of the air passages and the lungs were water-logged and extremely heavy. There
was water in the stomach and the uterine. The uterus contained a normal male fetus
of approximately five months. The fetus was not traumatized and in my opinion
death was due to it drowning.
Additional evidence to support a
bombing was retrieved from the broken up aircraft which lay on the sea bed at a
depth of 6,700 feet (2,000 m). The
British vessel Guardline Locator,
equipped with sophisticated sonar, and the French cable-laying vessel Léon Thévenin, with its robot
submarine Scarab, were dispatched to locate the flight
data recorder (FDR) and cockpit
voice recorder (CVR) boxes. The boxes would be
difficult to find and it was imperative that the search commence quickly. By
July, 4, the Guardline Locator detected signals on the sea bed. On
July 9, 1985 Scarab pinpointed
the CVR and raised it to the surface. The next day, the FDR was also located and
recovered.
Within hours of the loss being
made public, Canada's Indian community
was a focus of attention as victims and among hints that officials were
investigating connections to the Sikh separatists who had threatened and committed
acts of violence in retaliation against Hindus. In the subsequent worldwide
investigations over a period of six years, many threads of the plot were
uncovered.
It was learned that both the voice
and flight recorders had cut out at the
same time, and damage to parts recovered from the forward cargo bay consistent
with a blast, established that it was probably a bomb near the forward cargo
hold that brought the plane down suddenly. The flight was also soon linked to
the earlier planned bombing in Japan which had also originated from Vancouver;
tickets for both flights had been purchased by the same person, and in both
cases the planes were carrying bags without the passenger who checked them in.
Nowadays, that raises a suspicious eye if a passenger is on a flight where its
destination is some considerable distance from the original starting
point.
No bomb parts were recovered from
the ocean, but investigations of the blast at Tokyo established that the bomb
had been placed in a Sanyo stereo tuner of a series that had been shipped to
Vancouver in Canada. The RCMP (Federal police) assigned no less than 135 officers
to check every store that could have sold Sanyo tuners, leading to the
discovery of a recent sale to mechanic Inderjit Singh Reyat in his hometown of
Duncan, British Columbia. The RCMP contacted the CSIS intelligence agency and
found they were already investigating two Sikh activists in Canada— Reyat and
Parma.r
The RCMP learned that CSIS already
had wiretaps and had observed the two suspects being at a test site near Duncan
B.C during a test blast. They had recovered blasting cap shunts and a paper
bundle wrapper from a blasting cap. A search recovered the receipt for a Sanyo
Tuner Model FMT-611K with invoice with the name and phone number, along with
sales of other bomb components.
It was not until January 1986 that
the Canadian investigators at the Canadian
Aviation Safety Board concluded that a bomb explosion in the forward cargo
hold had downed the airliner. On February 26, 1986, Supreme Court Judge Kirpal
of India presented an inquiry report based on investigation conducted by H.S.
Khola (the Khola Report). The report
also concluded that a bomb originating in Canada brought down the Air India
flight.
Based on observations, wiretaps, searches and arrests of
persons believed to be participants, the bombing was determined to be the joint
project of at least two Sikh terrorist groups with extensive membership in
Canada, the United States, Britain and India. Their motive was to cause two
explosions of passenger planes while in the. That decision by the terrorists had
been sparked by the June 1984 assault on the Golden Temple by the Government of India.
The main suspects in the bombing
were members of a Sikh separatist group called the Babbar
Khalsa which is banned in Europe and the United States as a proscribed
terrorist group along with other related groups who were at the time agitating
for a separate Sikh state called Khalistan in Punjab, India
Talwinder Singh Parmar, was a Canadian citizen
born in Punjab and living in British
Columbia, was a high-ranking official in the Babbar Khalsa. His
phone was tapped by CSIS for three months before the bombing.
He was later killed by the Punjab police in 1992 while he was in a
police encounter with the police.
Ajaib
Singh Bagri was a mill worker living in Kamloops
and a suspect with respect to the bombing of the plane. He said in a 1984
speech, (after Hindu mobs had murdered three thousand Sikhs in Delhi and other
places in retaliation for the assassination of the Prime Minister of India by
her Sikh bodyguards) "Until we kill 50,000 Hindus, we will not
rest."[ In
2005, a court determined that despite his rhetoric, that he had nothing to do
with the bombing of the plane.
Surjan Singh Gill was living in Vancouver as the self-proclaimed consul-general of Khalistan. Some RCMP testimony claimed he was a mole who left the plot just days before its execution because he
was told to pull out, but the Canadian government denied that report. He later
fled Canada and is believed to be in hiding in London, England.
Hardial Singh
Johal and Manmohan Singh were both
followers of Parmar and active in the Gurdwaras where Parmar preached. On November 15, 2002, Johal died of
natural causes at 55. His phone number was left when ordering the airline
tickets, he was seen at the airport the day the luggage was loaded, and he had
allegedly stored the suitcases containing the bombs in the basement of a
Vancouver school, but was never charged in the case.
Daljit Sandhu was
later named by a Crown witness as the man who picked up the tickets. During the
trial, the Crown played a video from January 1989 in which Sandhu congratulated
the families of Indira Gandhi's assassins and stated that "she
deserved that and she invited that and that's why she got it". Sandhu was
cleared by Judge Ian Josephson in a March 16, judgment.
Lakhbir Singh Rode was the leader of the Sikh separatist organization —International Sikh Youth Federation. In
September 2007, the commission investigated reports, initially disclosed in the
Indian investigative news magazine Tehelka
that Parmar had allegedly confessed and named the hitherto-unnamed Lakhbir
Singh Rode as the mastermind behind the explosions. This claim appeared to be inconsistent
with other evidence known to the RCMP, subsequently he wasn`t charged.
On
August 17, 1985, Reyat became a third suspect once the receipt for the
tuner was found with his name. On November 6, 1985, the RCMP raided the homes
of suspected Sikh separatists Parmar, Reyat, Gill, Johal, and Manmohan Singh. In a four and a half hour interview,
Reyat denied all knowledge of the test blast or even knowing Parmar. After he
was told the CSIS had seen both of them, he changed his story that Parmar
really wanted to build a device powerful enough so that he could take the
device back to India to destroy a bridge. He explained that the gunpowder in
the test was a failure as the device fizzled. The search of Reyat's house
produced a carton with an unusual green tape also found in the Narita blast and
a can of Liquid Fire-brand starting fluid matching fragments found at the blast
site, along with blasting caps and dynamite, including a pound of dynamite in a
bag taken out its original tube casing, though none was consistent with blast
residue. Reyat insisted only the clock, relays and tuner had been purchased for
other than "good purposes". There was insufficient evidence to hold
Parmar as being part of the plot to bomb the plane so charges in that respect
were dropped days later.
Bagri would later state before
his later trial that he knew he was probably a suspect by October 1985 but he insisted
he would have faced charges if there were any evidence he had anything to do
with the bombing. It was
established by November that it was a man with a Sikh name who probably checked
the bag in Vancouver that caused the crash. It wasn’t Parmar since he was not
seen in Canada sometime after late 1986, as authorities believed him to be
living in Pakistan where he continued operations against India.
Authorities initially lacked
evidence to link Reyat directly to either the Narita or Air India blasts and
pursue a conspiracy to commit murder charge. Instead, Reyat pleaded guilty on
April 29, 1986 to possession of an explosive substance and possession of an
unregistered firearm. His sentence was a light $2,000 fine. Just three months
later, Reyat moved his family from Canada to Coventry, near Birmingham, in the UK.
Reyat was soon hired at a Jaguar factory where he worked for nearly two years.
RCMP Mounties working with
prosecutor Jardine and RCMP and Japanese experts eventually determined the components
of the bomb from fragments and matched them with items that Reyat possessed or
had purchased. Prosecutor Jardine visited Tokyo five times to meet with
Japanese authorities, and Canada formally asked that evidence to be sent to
Canada. Still lacking sufficient evidence for a murder charge, Jardine
recommended two manslaughter charges and five explosives-related counts,
resulting in a request to Britain to extradite Reyat, who was arrested on
February 5. 1988 as he was driving to
the Jaguar car plant. After lengthy proceedings to extradite him from Britain,
Reyat was flown to Vancouver on December 13,
1989 and his trial began September 18,
1990. On May 10, 1991, he was convicted of two counts of manslaughter
and four explosives charges relating to the Narita Airport bombing. He was
sentenced to 10 years imprisonment. I have to presume that the manslaughter
charges was the result of a pea deal.
Fifteen years after the bombing,
on October 27, 2000, the RCMP arrested Malik and Bagri. They were charged with
329 counts of first-degree murder in the deaths of the people on board Air
India Flight 182, conspiracy to commit murder, the attempted murder of
passengers and crew on the Canadian Pacific flight at Japan's New Tokyo
International Airport (now Narita International Airport), and two counts of
murder of the baggage handlers at New Tokyo International Airport. It became known as the "Air India
Trial"
The trial of Malik and Bagri
proceeded between April 2003 and December 2004 in Courtroom 20,[
more commonly known as "the Air India courtroom". At a
cost of $7.2 million, the high-security courtroom was specially built for
the trial in the Vancouver
Law Courts. On March 16. 2005, Justice Ian Josephson found the two
accused not guilty on all counts because the evidence against them was
inadequate.
On June 6, 2001, the RCMP arrested
Reyat on charges of murder, attempted murder, and conspiracy in the Air India
bombing. On February 19, 2003, Reyat pleaded guilty to one count of
manslaughter and a charge of aiding in the construction of a bomb. He was
sentenced to five years in prison. He was expected to provide testimony in the
trial of Malik and Bagri, but prosecutors were vague.
In February 2006, Reyat was
charged with perjury with regard to his testimony in the trial. The indictment was filed in the
Supreme Court of British Columbia and lists 27 instances in which Reyat
allegedly misled the court during his testimony. Reyat had pleaded guilty to
constructing the bomb, but denied under oath that he knew anything about the
conspiracy.
He previously said that he believed that the bomb was to be used in
India to destroy a railway bridge and not to be used to destroy the Air India
jet. As such, Canada couldn‘t charge him for what was to happen in India.
Further, India couldn‘t have him extradited to India since the bomb wasn‘t sent
to India for the purpose of destroying the railroad bridge in India. If there
was an Italian citizen on the plane, Italy could then have him extradited to
Italy for trial because any Italian harmed anywhere in the world by a criminal;
that criminal can be extradited to Italy for trial if he isn’t tried in the
country where the crime was committed.
On 19 September 2010, Reyat was
convicted of perjury. On January 7, 2011, he was sentenced to nine years in
prison.
In March 2014, the British
Columbia Court of Appeal dismissed Reyat's appeal that the nine-year length of
the sentence, the country's longest sentence for perjury, was unfit. The court
ruled the gravity of the perjury in such a case was without comparison.
Inderjit Singh Reyat was released
by the Canadian National Parole Board on January 28, 2016 after serving 30
years behind bars. He was released from a halfway house less than a month later
on February 14, 2017, with restrictions.
Here is an interesting fact to consider. In Canada, the sentence for the
crime of murder if only one person is murdered, is a minimum of 25 years in
prison. Two years ago, the law was changed. For every victim murdered, the
sentences are consecutive. If Reyat had been convicted of the murder of all 329
persons on that flight if that new law was in effect, his sentence would have
extended to 8,225 years. He wouldn’t be eligible for release for more than
eight centuries from the date of his conviction. Needless to say, he would die
in prison long before that.
What follows is why no-one was charged with the murder of the 329
persons on the Air India flight.
The Canadian government had been
warned by the Indian government about the possibility of terrorist bombs aboard
Air India flights in Canada, and over two weeks before the crash, CSIS reported to the RCMP that the potential threat to Air India as well as Indian
missions in Canada was high.
In his verdict, Justice Josephson
cited "unacceptable negligence" by CSIS when hundreds of wiretaps of
the suspects were destroyed. Of
the 210 wiretaps that were recorded during the months before and after the
bombing, 156 were erased. These tapes continued to be erased even after the
terrorists had become the primary suspects in the bombing. How stupid could
these fools be?
Because the original wiretap
records were erased, the copies were inadmissible as evidence in court. CSIS claimed the wiretap recordings
contained no relevant information, but an RCMP memo states that "There is
a strong likelihood that had CSIS retained the tapes between March and August
1985, that a successful prosecution of at least some of principals in both
bombings could have been undertaken.
Tara Singh Hayer, the publisher of the Indo-Canadian Times and a member of the Order
of British Columbia, provided an affidavit to the RCMP in 1995 claiming that he was present during a
conversation in which Bagri admitted his involvement in the bombings. While at
the London offices of fellow Sikh newspaper publisher Tarsem
Singh Purewal, Hayer claimed he overheard a meeting between Purewal and
Bagri in which Bagri stated that "if everything had gone as planned the
plane would have blown up at Heathrow airport with no passengers on it. But
because the plane was a half-hour to three-quarters of an hour late, it blew up
over the ocean."[ On January 24 of that same year, Purewal was
killed near the offices of the Des Pardes newspaper in Southall, England, leaving Hayer as the
only other witness. On November 18, 1998, Hayer was shot dead while getting out
of his car in the garage of his home in Surrey. Hayer had survived an earlier attempt
on his life in 1988, but was paralyzed and used a wheelchair. As a consequence of his murder, the
affidavit was inadmissible as evidence since hearsay evidence is not
admissible evidence in a court trial.
On May 1, 2006,
the Crown-in-Council, (Cabinet) on the advice of Prime Minister Stephen Harper announced the launch of a full public inquiry into the bombing, headed by retired Supreme
Court Justice John Major, to find
"answers to several key questions about the worst mass murder in Canadian
history.
The Commission of Inquiry into the Investigation of the
Bombing of Air India Flight 182 was to examine how Canadian law restricted funding terrorist groups, how well witness protection is provided in terrorist cases, if Canada needed to upgrade
its aviation security, and if issues of co-operation
between the RCMP, CSIS, and other law enforcement agencies had been resolved.
It was to also provide a forum wherein families of the victims could testify on
the impact of the bombing and would not repeat any criminal trials.
The inquiry's
investigations were completed and released on June 17, 2010. The commission
expressed the view in their dossier that "Talwinder Singh Parmar was the
leader of the Babbar Khalsa, a pro-Khalistan organization at the heart of
radical extremism, and it is now believed that he was the leader of the
conspiracy to bomb Air India flights. Commissioner Major concluded that a “cascading
series of errors” by Crown ministries,—the RCMP, and CSIS allowed the terrorist attack to take
place.
After the
release of the findings, Stephen Harper announced in the media, on the 25th
anniversary of the disaster that he would "acknowledge the catastrophic
failures of intelligence, policing and air security that led to the bombing,
and the prosecutorial lapses that followed."
In May 2007, Angus Reid Strategies released the results of public opinion poll. Thirty-four per
cent of those asked felt both CSIS and airport security personnel deserved a
great deal of the blame in addition to twenty-seven per cent who believed the
RCMP were largely to blame. Eighteen per cent mentioned Transport Canada
It never fails.
Those whom we rely on for our safety are often the ones who screw up.
It was General Galerius who said it best
when he watched a soldier continuously missing the target he was aiming at.
“Allow me to offer my congratulations on
the truly admirable skill you have shown in keeping clear of the mark. Not to
have hit once in so many trials, argues the most splendid talents for missing.”
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