VANCOUVER, B.C. - Ripudaman Singh Malik, one of two men acquitted in the Air India bombings, must pay back more than $5.8 million in legal fees and interest that he received from the province of British Columbia to fund his trial defence.
Malik signed an agreement with the provincial government in 2002 to fund his 11-lawyer defence team and received just over $5.2 million. Since the agreement was signed, it has accrued an additional $650,000 in interest.
But Malik's lawyers argued the agreement was void on the basis of duress.
B.C. Supreme Court Justice Mark McEwan, in a ruling posted on the court website Monday, disagreed with that assertion.
"(Malik) has not placed before the court any material supportive of such a plea, or addressing the several indices of duress. ... Duress is not, therefore, a basis upon which this application can be opposed," he said.
McEwan said there was no dispute that the agreement was entered into and "that money was advanced by the plaintiff on behalf of the defendant under those agreements and that the plaintiff has acknowledged an obligation to repay that money."
In 2004, Malik and his co-accused Ajaib Singh Bagri were acquitted of the mass murders of 331 people in two separate 1985 bombings targeting Air India planes.
Air India Flight 182 exploded off the coast of Ireland after leaving Canada with 329 people aboard. A bomb-laden suitcase meant for a second Air India plane exploded prematurely at Tokyo's Narita Airport, killing two baggage handlers.
Most of those killed were Canadian citizens who transferred to the Air India flight in Toronto after boarding a plane in Vancouver, where the Crown contends the bomb-laden suitcases originated.
In March, Crown lawyer Frank Potts said Malik has manipulated the government for years to avoid repaying the legal funds.
Potts said Malik portrayed himself as a millionaire businessman at a bail hearing, then later said his assets were worthless and he needed public money to pay his lawyers.
Malik is suing the B.C. and federal governments for malicious prosecution, saying the charges stemming from the Air India case smeared his reputation and caused him financial loss.
