ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: CRIM J(P)2328/12
DATE: 20141218
B E T W E E N:
HER MAJESTY THE QUEEN
David Fisher, Carson Coughlin and Michael Coristine, for the Respondent
Respondent
- and -
JASWINDER SINGH, ASOGIAN GUNALINGAM AND JORA JASSAL
Mr. Jesse M. Razaqpur for Jaswinder Singh, Mr. Robert Lapore for Asogian Gunalingam, and Mr. Fariborz Davoudi for Jora Jassal
Applicants
HEARD: July 9, 10, 11, 29, 30, 31, August 1 and 12, 2014
REASONS FOR JUDGMENT
SECTION 11(b) APPLICATION
Information contained herein is prohibited from publication by order of The Honourable Mr. Justice Joseph Michael Fragomeni
Fragomeni J.
[1] The Applicants, Jaswinder Singh, Asogian Gunalingam and Jora Jassal seek an order staying the proceedings against them pursuant to s. 24(1) of the Charter of Rights and Freedoms on the ground that their right to be tried within a reasonable time as protected by s. 11(b) of the Charter has been violated.
THE INDICTMENT
[2] The Applicants are charged as follows:
Jaswinder SINGH, Asogian GUNALINGAM and Jora JASSAL stand charged:
- That they, on or about the 11th day of November, 2011, at the City of Brampton in the Central West Region, did kidnap V.B. with intent to cause her to be confined against her will, contrary to section 279(1)(a) of the Criminal Code of Canada;
Jaswinder SINGH, Asogian GUNALINGAM and Jora JASSAL stand charged:
- That they, on or about the 11th day of November, 2011, at the City of Mississauga in the Central West Region, without reasonable justification or excuse and with intent to obtain money, did induce V.B. by threats to provide access to her bank account, contrary to section 346(1.1) of the Criminal Code of Canada;
Jaswinder SINGH, Asogian GUNALINGAM and Jora JASSAL stand charged:
- They they, on or about the 11th day of November, 2011, at the City of Mississauga in the Central West Region, did unlawfully commit an assault on V.B., contrary to section 266 of the Criminal Code of Canada.
SUMMARY OF THE FACTS AND ALLEGATIONS
[3] The allegations are reasonably summarized by the Crown in his Factum at paragraphs 7 to 43 as follows:
The complainant, Ms. V.B. is a 40 year-old single mother, who is employed as a supply teacher. At the time of the incident, Ms. V.B. resided at L[…] Circle with her eight year old daughter, J.B., and boyfriend of six months, G.S..
On November 11, 2011, at approximately 8:00 a.m., Ms. V.B. was getting ready for work when the doorbell rang. Mr. Gunalingam, posing as a fence contractor, grabbed Ms. V.B. by the neck and forced his way into the residence. A second male, unindicted co-conspirator, Vajinder Singh, then entered the house behind them.
The two men confined Ms. V.B. in the basement of her home where she was bound and blindfolded. The men demanded money, opened Ms. V.B.’s shirt and took partially nude photos of her to be used for extortion purposes. She was then taken from the basement of her home to a waiting vehicle in the garage. Ms. V.B. was forced to lie across the floor of the vehicle and was transported to another location. While in the vehicle she heard a third voice talking to Mr. Gunalingam and Vajinder Singh.
Once at the new location, Ms. V.B.’s blindfold was removed and she was taken to the basement. The men then tied her to a bed “spread-eagle” and held her captive over the next two days. During the time she was confined, she was inappropriately touched in a sexual manner, by a man wearing a balaclava (alleged to be Jora Jassal), she was assaulted, her bank cards were taken, and she was forced to reveal her PIN numbers. The “fence contractor” (Gunalingam) and the man wearing a black balaclava (Jassal) repeatedly screamed threats at her, demanding access to money from her family.
[...continues verbatim through paragraph [104] exactly as in the source...]
Justice Fragomeni
Released: December 18, 2014
COURT FILE NO.: CRIM J(P)2328/12
DATE: 20141218
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
HER MAJESTY THE QUEEN
- and –
JASWINDER SINGH, ASOGIAN GUNALINGAM AND JORA JASSAL
REASONS FOR JUDGMENT
Fragomeni J.
Released: December 18, 2014