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Thursday, June 01, 2000

Chinese migrants were abandoned: Crown
Left without provisions: Trial of accused smugglers finally gets underway

Ian Bailey
National Post

Darren Stone, National Post
Koreans charged with smuggling Chinese migrants into Canada leave jail to appear in the Supreme Court of British Columbia yesterday.

VICTORIA - Nine Koreans charged with smuggling 131 Chinese migrants into Canada left their human cargo on the windswept shores of a remote British Columbia island last summer without taking any steps to ensure that their passengers would survive, a Crown counsel suggested yesterday.

At least two of the migrants suffered hypothermia to a degree that alarmed doctors, Peter LaPrairie told a jury of the Supreme Court of British Columbia, opening the long-awaited trial of the nine men, who sat concentrating on the words of an interpreter as Mr. LaPrairie spoke.

In a dry address that outlined the Crown evidence only in vague terms, Mr. LaPrairie said he would call witnesses to speak about the health of the migrants, who were dropped off at Gilbert Bay in the Queen Charlotte Islands without proper clothing for the August, 1999, temperatures.

The fleeing Ryong Pusan No. 705, the ship that brought them to Canada, was nabbed by the RCMP as it fled the area.

"You will hear evidence that there were no provisions to put people on this island," said Mr. LaPrairie, reading from notes.

He also hinted the boat was in such poor shape that police officers who eventually searched it had to wear "protective suits" during their work. He did not elaborate.

The ship was one of four that dropped off 590 migrants in British Columbia last summer, sparking a debate about immigration, refugees and people-smuggling that still continues. Federal officials have suggested that hundreds more migrants could be arriving in British Columbia this summer.

The trial of the Koreans marks the first against crews in charge of the boats that ferried the migrants from China to Canada. The RCMP is continuing investigations against crews on other boats but has not recommended any further criminal charges.

In the case now before the court in Victoria, the accused each face five charges, including criminal negligence and failing to provide the necessities of life. They also face allegations of involvement in a group of people violating the Immigration Act.

During yesterday's proceedings, the nine men -- each dressed in a red sweatshirt and olive pants -- occupied the specially reserved front row of the spectators' gallery in the downtown courtroom.

Through earphones, they listened intently to the words of an interpreter, who sat to one side of the courtroom, providing instant translation of the words of the judge, Crown and defence lawyers.

Six lawyers are representing the accused. To help the jury of nine women and three men keep the defendants straight, Justice Ronald McKinnon provided briefing books and had each lawyer go to their clients, and name them aloud for the jury.

Before yesterday's official start to the trial, there had been 10 weeks of legal argument in the absence of the jury.

At one point earlier, Judge McKinnon threatened to stay the charges against the accused out of concerns the Crown had not fully disclosed evidence to the defence.

Judge McKinnon urged the jury not to lay blame for the delays on either side in the case, calling them a normal part of trials. The trial faces a new delay today. The court will not sit on the matter until next Tuesday.


 
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