April 17, 2019 3:10 pm

SCOC sends case of deported Sri Lankan accused in wife’s slaying back to Quebec court

Sivaloganathan Thanabalasingham arrives for a detention review at the Immigration and Refugee Board of Canada in Montreal, Thursday, April 13, 2017.

THE CANADIAN PRESS/Graham Hughes
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A Sri Lankan national who saw a murder charge against him stayed after a judge ruled the delays in getting his case to trial were unreasonable isn’t finished with the Quebec justice system yet, despite no longer being in Canada.

READ MORE: Quebec murder suspect deported to Sri Lanka after trial delays set him free

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In 2017, Sivaloganathan Thanabalasingham avoided trial for the alleged killing of his wife when a Quebec Superior Court judge ruled that the nearly 60-month delay between his 2012 arrest and the start of his trial was excessive.

The Jordan decision, a 2016 Supreme Court ruling, set a 30-month limit between the laying of charges and a trial for Superior Court cases.

Thanabalasingham was deported following his release to his native Sri Lanka, but in the meantime the Crown had asked the Quebec Court of Appeal to order a new murder trial.

READ MORE: No new trial for Sri Lankan man freed after unreasonable delay

The province’s high court didn’t hear the case, noting his prosecution had become irrelevant and theoretical.

Despite the fact that Thanabalasingham is no longer in the country, Canada’s highest court ruled Wednesday the case should be sent back to the Quebec Court of Appeal for a judgment on whether the trial judge erred in staying the charge.

© 2019 The Canadian Press

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