The five applicants were jointly charged with offences relating to a fraudulent enterprise involving staged automobile accidents.
They applied for severance under s. 591(3)(b) of the Criminal Code.
Four of the co-accused intended to run a defence of lack of knowledge, arguing they were duped by the alleged ringleader, Bajwa, and intended to adduce bad character evidence against him.
The court found that the existence of antagonistic defences and the general prejudice to the co-accused outweighed the desire to avoid multiple proceedings.
The court ordered that Bajwa be tried separately from the other four co-accused, who would be tried jointly.
