Miscarriage of justice occurred in 2005 sex assault: special prosecutor

The Canadian Press

VANCOUVER - A special prosecutor says a miscarriage of justice occurred in a 2005 sexual assault conviction that led to a four-year prison sentence for a B.C. man.

Gurdev Singh Dhillon was convicted of being one of two men who took part in a brutal July 2004 sexual assault of a 19-year-old woman in Surrey.

Crown spokesman Neil MacKenzie says justice officials became aware in 2011 that evidence about the case was not disclosed to the Crown, and therefore not disclosed to the defendant.

Special prosecutor Peter Wilson was appointed and Delta Police took over the investigation from RCMP.

Wilson has now approved sexual assault charges against two men: Mohammed Zaaid Ukhttar and Sital Singh Bhatti, who are scheduled to appear in court in April.

MacKenzie says information in the case has now been disclosed to Dhillon, who will decide along with his legal counsel whether to try again to have his conviction overturned.