Lankan migrant may have taken part in shooting of soldiers, hearing told

Lankan migrant may have taken part in shooting of soldiers, hearing told

April 20, 2011   07:37 am

The Immigration and Refugee Board is probing whether a Tamil migrant who arrived in Canada last summer on the MV Sun Sea may have had a role in the shooting of dozens of detained Sri Lankan army soldiers at the end of a battle.


Though the migrant testified that he didnt take part in the shooting, a key question arose about whether he may have directed subordinates to do so.


The migrants lawyer has conceded that he was a member of the Liberation Tigers of Tamil Eelam, a group that was engaged in a lengthy civil war with Sri Lanka until 2009. The group is considered a terrorist organization and banned in Canada.


The man in question is one of two Sun Sea migrants who have been accused of engaging in war crimes and who face possible deportation if the allegations are found to be true.


Board adjudicator Geoff Rempel described the war crimes allegation as one of the most serious.

The migrant testified that at the end of a particular battle, there was a call for Tigers with AK-47 rifles to come forward.


Under questioning from his lawyer Fiona Begg, he testified that he took the call as an invitation — not an order — to take part in the killing of wounded Sri Lankan soldiers, who were being held inside a house.


But rather than heed the call, the man said he went to another house.


My intention was to somehow move away from that location, he said through a translator.


Asked if he ordered anyone to do anything, he said he didnt.


Is there anything you couldve done to stop what was going to happen? Begg asked.


No, I couldnt, he answered, adding that he did not agree with the decision to shoot the soldiers.


Kevin Hatch, the representative for the Canada Border Services Agency seeking the mans deportation, told the board that in an earlier interview, the man said that he had sent others around him to go — though there was a question of whether that statement had been accurately interpreted.


Asked to clarify, the man testified Tuesday that he just mentioned to others around him that there had been a call for people with AK-47s to come forward.


I did not observe what the others did, he added.


It was never made clear Tuesday whether the detained Sri Lankan soldiers were actually executed.


Previous admissibility hearings have centred on allegations of migrants membership in the banned Tamil Tigers organization or that they engaged in people smuggling. So far two people have been ordered deported.


The migrants lawyer in Tuesdays hearing had sought earlier in the day to exclude reporters from hearing details of the war crimes allegations, arguing that the release of certain information could affect her clients life, liberty and security.


After hearing arguments from reporters covering the hearing, adjudicator Rempel allowed reporters to remain in the hearing but urged them to use great caution to ensure that they dont divulge details which could serve to identify the migrant.


The hearing resumes on Thursday, the Montreal Gazette reports.

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