United States of America v. Pal

United States of America v. Pal

The certified Amended ROC and Supplemental ROC were admissible and their certification presumption was not rebutted by deaths of witnesses; identification evidence met the threshold reliability for committal despite imperfections in police procedures; the admissible evidence, viewed holistically and allowing reasonable inferences, established that the accused had managerial involvement with the D&C/FBNH entities and could be found by a properly instructed jury to have participated in or aided the fraudulent telemarketing scheme; therefore committal to await surrender under s.29 was ordered.

Citation
2009 BCSC 1930
Parties
Applicant / Requesting State: Attorney General of Canada on behalf of the United States of America; Respondent: Reginald Sanjay Pal
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 July 2009
Procedural Posture
Extradition / Committal Hearing Judgment on Authority to Proceed
Outcome
Application for committal granted; respondent committed to await surrender to the United States for prosecution for fraud contrary to s.380 Criminal Code
Legal Topics
Committal, Admissibility of Foreign Record of the Case, Identification Evidence, Correspondence of Foreign Conduct to Canadian Offence, Party Liability S.21 Criminal Code, Section 29 Extradition Act
Source Language
English
Extradition Criminal Law Fraud Committal Admissibility of Foreign Record of the Case Identification Evidence Correspondence of Foreign Conduct to Canadian Offence Party Liability S.21 Criminal Code +1 more

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Parties

Attorney General of Canada on behalf of the United States of America

Applicant / Requesting State

Reginald Sanjay Pal

Respondent

Procedural Posture

Extradition / Committal Hearing Judgment on Authority to Proceed

Legal Issues

  1. 1 Whether the Amended ROC and Supplemental ROC were admissible despite deaths of witnesses
  2. 2 Whether the certified ROC presumption of reliability was rebutted
  3. 3 Whether identification evidence met threshold reliability for committal

Ratio Decidendi

The certified Amended ROC and Supplemental ROC were admissible and their certification presumption was not rebutted by deaths of witnesses; identification evidence met the threshold reliability for committal despite imperfections in police procedures; the admissible evidence, viewed holistically and allowing reasonable inferences, established that the accused had managerial involvement with the D&C/FBNH entities and could be found by a properly instructed jury to have participated in or aided the fraudulent telemarketing scheme; therefore committal to await surrender under s.29 was ordered.

Court Disposition

Application for committal granted; respondent committed to await surrender to the United States for prosecution for fraud contrary to s.380 Criminal Code

Orders

  • Reginald Sanjay Pal is committed into custody to await surrender pursuant to s.29 of the Extradition Act, S.C. 1999, c. 18
  • Pursuant to s.38 of the Extradition Act respondent will not be surrendered until after expiry of 30 days and has the right to appeal this order and to apply for judicial interim release in the Court of Appeal