Sanjay Lazar travelled from India to make one brief plea yesterday: His whole family died in the Air-India crash and he wants the chance to speak for them one last time.
His is the face of a 21-year-old tragedy that still haunts Canadian families affected by the crash as well as Indian families, who accused investigators yesterday of ignoring them.
Retired Supreme Court judge John Major opened applications yesterday for individuals and groups wanting to take part in the Ottawa-based inquiry into the investigation of Flight 182, which exploded off the coast of Ireland on June 23, 1985, killing 329 people.
One application came from Ripudaman Singh Malik, the Vancouver businessman acquitted last year of carrying out the bombing. Mr. Malik made a written submission asking to cross-examine witnesses and have sensitive testimony closed to the public, saying it was the only way to protect his reputation.
Mr. Major is already required, under the inquiry’s terms of reference, to hear some evidence in private if it endangers national security as defined by the federal government. He can consider other requests to hold closed hearings, commission counsel Mark Freiman said yesterday, but it would be “wildly premature” to say whether that will be the case for issues touching on Mr. Malik.
The applications for standing will determine who can take part in the inquiry, scheduled to begin in September. The Privy Office will decide which applicants will be publicly funded.
A public outcry after the acquittal of Mr. Malik and his co-accused, Ajaib Singh Bagri, helped drive formation of the inquiry.
Mr. Major said the inquiry needs the participation of victims’ relatives and readily granted standing to groups representing families both in Canada and in India, as well as to the federal government and Air-India.
“The success of the commission is going to depend in large part on the families,” Mr. Major emphasized. “If there is criticism afterward, it will fall on deaf ears. This is the time to be heard.”
Lawyer Richard Quance, who represents families of 34 crew and passengers killed in the tragedy, said Indian nationals felt ignored by the Canadian system. “Families are concerned there was no effort to reach out to them. This is likely the last opportunity to feel they are in the front seat,” he said.
Mr. Major has a broad mandate of investigation, including whether there was a system-wide government breakdown about potential Sikh extremist threats, and whether there were problems in co-operation among government departments and agencies, including the RCMP and the Canadian Security Intelligence Service.
One federal government representative will speak for both CSIS and the RCMP, which prompted Mr. Major to query a possible conflict of interest. Barney Brucker, counsel for the Attorney-General, said the government would “attempt to speak with one voice.” His application said some sensitive information may require closed hearings.
Mr. Lazar, who is a flight attendant with Air-India and also a labour lawyer, travelled for 26 hours to attend the hearing. He lost his parents, Sampeth and Sylvia, and younger sister Sandeeta, in the bombing. He is optimistic the proceedings will uncover new information about the tragedy that left him an orphan at 17.
He said he will make the journey as often as needed to speak for both his lost family and other families in India who cannot attend. “They still deserve to be heard,” he said. “You can only learn from your history.”
Also applying for standing at the inquiry are terrorism and aviation experts, as well as religious and civil-liberty groups. The applications for standing continue today.
Inderjit Singh Reyat is the only person convicted in the attacks. In 2003, he was sentenced to five years in prison for manslaughter and helping build the bomb. He currently faces perjury charges.
Air-India Flight 182 originated in Toronto and stopped in Montreal before crashing off the coast of Ireland, killing the 307 passengers and 22 crew on board. The crash has been blamed on a terrorist bomb allegedly planted by Sikh terrorists. Two baggage handlers in Narita, Japan, were killed about an hour earlier by a bomb believed to be linked to the Flight 182 disaster.