The family of a man who was shot and killed on his wedding day say they are “deeply disappointed” with the news there will be no new trial in the case.
Manbir Kajla, who was worshiped by his nieces and nephews and known as a giant teddy bear, was shot dead on April 27, 2011.
The man charged in his death, Samandeed Singh Gill, was acquitted by the B.C. Supreme Court after the revelation police had overstepped their warrants and held key evidence for years without legal authority.
Kajla’s family was stunned this week to see that decision upheld by the B.C. Court of Appeal, following a failed appeal by Crown prosecutors.
“Our family is deeply disappointed in the recent appeal court verdict. We understand that Samandeep Gill’s charter rights were encroached, and I understand his lawyer’s position as well in that this is not a loophole they used to get an acquittal,” the family said in a statement.
“But what about Manbir? What about his rights? He did nothing wrong.”
Gill was acquitted of second-degree murder and attempted murder in connection with a deadly 2011 road rage shooting in Surrey. Kajla was killed on his wedding day, while his new bride survived.
More than six years after the killing, police uncovered a key piece of evidence: an audio recording of the killing from a pocket dial captured on an iPhone seized from Gill’s house.
“In the audio, (he) says, ‘Yo, what?’ And my brother says, ‘You hit me,’ and then all you hear him saying … ‘No, no, no, I didn’t, hold on,’ and then you hear him put two bullets into my brother’s heart,” the victim’s brother, Kulbir Kajla, told Global News in April 2021.
Crown’s case crumbled after the damning audio was deemed inadmissible by Justice David Masuhara, because the Integrated Homicide Investigation Team deliberately violated Section 490 of the Criminal Code by holding the evidence unlawfully for years.
In a unanimous decision Monday, B.C.’s top court found the trial judge made no legal error in excluding the evidence.
“This was not an accident, he was murdered in cold blood. He had two bullets fatally pumped into his heart with no remorse and no empathy. Furthermore, the shooter continued to fire at Manbir’s wife and into people’s homes,” Kajla’s family wrote.
“I don’t understand where the common sense is in this. This was not a corner store robbery or a bicycle theft. Somebody lost their life. Parents lost a son and we lost a sibling…I think if this was a member of Justice Masuhara’s family, he would have dealt with this differently. Unfortunately, this was just another Indian kid on the street that lived far away from their neighborhoods.”
How the Gill decision could impact hundreds of other homicide files in the province remains unclear, and B.C. Attorney General Niki Sharma said the province is reviewing the situation.
Kajla’s family says it is exploring the possibility of suing the RCMP and B.C.’s Ministry of Justice.