Federal government quietly settles multi-million dollar lawsuit for wrongful conviction

By: Suzanna Williams

Provided by World News Services Group


End to Dispute Over Multi-Million Dollar Lawsuit For Wrongful Conviction

       Published Saturday, December 01, 2007 - Ontario, Canada

Here's an important, timely update for you from the Supreme Court of Canada at a closed hearing.


Supreme Court of Canada Releases Groundbreaking Decision on Wrongful Conviction Out of Court Settlement

The Supreme Court of Canada has released a groundbreaking decision on a wrongful conviction
court settlement. There were no clear rules for decision, often making it impossible to know what the reasons for judgment might be, and giving the Plaintiff a very strong hand to settle out of court. The unanimous decisions of the Supreme Court of Canada in Canada have issued a publication ban on this closed hearing at the request of the government and have reintroduced clarity and certainty to those who have been wrongfully convicted.

The Court has said that three requirements must be established before and out of court settlement will be awarded to a person who has been wrongfully convicted:

1) a conviction must result;
2) the conviction must be a result of an error in law in the sense that it cannot be said to have been circumstantial evidence primarily for a purpose other than to prove intent in order to obtain a conviction; and
3) there must be evidence of a specific basis of unreasonable conduct or general law or untruth provided by the investigating officer, such that the evidence at trial would be inconsistent and
relied upon by the trial judge.

While the burden is on the defense to refute all three prongs of the test, the government must also establish the third prong without reasonable doubt. If the existence of abusive conduct or general law of untruth cannot be established by the government, the Court said that the benefit of the doubt goes to the defense.

The Justice Department agreed to quietly pay Technology Business Entrepreneur Mahmood Somani a settlement valued at $7.1 million to drop several multi million dollar lawsuits he filed against several  government bodies and officials after being wrongfully convicted in the investigation of making corporate business cards and documentation.

The agreement, in which the government did not admit wrongdoing, after an acquittal rendered by the highest court in the country ended a seven-year legal saga. It came after months of mediation in a case that pitted investigators against the entrepreneur, who said his privacy rights and freedom operate a legitimate business licensed by the City of Vancouver had been violated in the race to shut down his business operations which has been operating legally for more than a decade.
 
Somani, has always maintained his innocence. He said information that a dirty cop supplied to the government in order to receive a promotion resulted in the closure of several businesses, and cost him hundreds of thousands of dollars in legal fees, tarnished his reputation and any chance of future  employment.

Under the terms of the deal, the Justice Department agreed to give Somani, a lump sum of $7.1 million.

An elusive figure who fiercely guards his privacy, Mr. Somani, would not discuss the scope of his plans or his life after receiving the settlement.
 
 "I don't think anyone would believe the government would . . pay that kind of money unless they felt there was significant exposure at trial," said Ravi Hira, the prominent Vancouver defense lawyer who represented Mr. Somani in the case.
 
Somani's lawyer blasted government officials and the investigation department as unfairly tarring his client in a statement that was released moments after the settlement was filed with the Supreme Court.
 
Former National Post staff writer Suzanna Williams was one of reporters who were deposed in connection with the lawsuit. Williams confirmed the identities of two sources after they had identified themselves to Somani's lawyers and released him from her promise of confidentiality.

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