Toronto gang leader deported to Sri Lanka appeals to Canada

A man deported to Sri Lanka is in hiding after being interrogated, in Colombo – the result, his Toronto lawyer says, of an exaggerated news release from the Canadian government trumpeting his removal.

 

Jothiravi Sittampalam is asking the Federal Court of Canada to reopen his case, saying his life is in danger because of the “egregious” conduct of the Immigration and Public Safety ministers.

 

In documents filed with the court, lawyer Barbara Jackman says the ministers put Mr. Sittampalam at risk by “sensationalizing” his deportation, especially since a government delegate had earlier concluded he would face no harm in Sri Lankabecause his public profile had faded.

 

Ms. Jackman also accuses Canadian officials of failing to disclose that they gave Sri Lankainformation fingering Mr. Sittampalam as a fundraiser for the Liberation Tigers of Tamil Eelam – a group that waged a bloody fight for an independent homeland. Mr. Sittampalam denies committing crimes to support the LTTE.

 

A hearing is scheduled for Thursday in Toronto. The government has until mid-week to file a reply on its handling of Mr. Sittampalam’s case.

 

“We want the new evidence to be before the court, and ultimately if he succeeds in court we want him brought back,” Ms. Jackman said in an interview. “In fact, I want him brought back now. I don’t think he’s safe waiting.

 

“I would hope that the minister would do the right thing.”

 

Mr. Sittampalam, 40, was deported June 11 because of a cocaine trafficking conviction and the likelihood he led a Tamil street gang, A.K. Kannan, in the 1990s in Toronto. A former long-distance trucker with landed-immigrant status, he left behind a wife and two young children.

 

A delegate for Immigration Minister Jason Kenney rejected the notion Mr. Sittampalam would be of interest to the Sri Lankan government – even though he had been identified in the media as the leader of a Tamil gang – because the “information and articles are dated.”

 

Upon being returned to Sri Lanka, Sittampalam was interrogated over a 25-hour period and threatened before being released on bail and told that he was under investigation, the court submission says.

 

On June 21, Mr. Kenney and Public Safety Minister Vic Toews were quoted in a federal press release describing Mr. Sittampalam as a “violent gang leader” – even though the A.K. Kannan hadn’t existed for several years and he had no criminal convictions for violent behaviour.

 

The statements led to his “name, picture and ‘violent’ character being plastered all over the news in Sri Lanka – print, radio, Internet and Twitter-like communications,” the court submission says.

 

Police came to Mr. Sittampalam’s home June 26, arresting him and his elderly father. His father was soon released but Mr. Sittampalam was taken to the fourth floor of the Sri Lankan police force’s Criminal Investigation Division.

 

An arrest notice from the Sri Lankan Ministry of Defence, Public Security, Law and Order says Mr. Sittampalam was picked up for “leading A.K. Kannan gang in Canada and found raising [sic] for LTTE.”

 

While imprisoned, Mr. Sittampalam was permitted to telephone his wife in Canada, but could not speak freely as he was always in the presence of police.

 

Ms. Jackman argues the timing of Mr. Sittampalam’s latest arrest strongly points to the ministerial press release.

 

“The conduct of both ministers in making public statements about Mr. Sittampalam, labelling him in the present tense as a violent criminal, appear calculated to cause him problems in Sri Lanka,” the court submission says.

 

Ms. Jackman wants the Federal Court to hear evidence on the latest developments and call the government to explain its actions.

 

She suspects Mr. Sittampalam was released only because of the latest court filing, adding that he fears police will arrest him again.

 

“He’s very, very much afraid.”

^{Extracts courtesy: theglobeandmail}