A judge hearing the Kanishka bombing case has rejected the Canadian government's request to treat one of its own key witnesses, Inderjit Singh Reyat, as hostile.
Following the decision by Judge Ian Bruce Josephson, prosecutors will not be able to challenge evasive testimony from Reyat who has already pleaded guilty for his role in the June 23, 1985, bombing of the Air-India plane that killed all 329 on board.
The reasons for the ruling were not immediately available.
Reyat was called as a witness by the British Columbia court with the hope that he could bolster the murder and conspiracy charges against Vancouver-based businessman Ripudaman Singh Malik and sawmill worker Ajaib Singh Bagri.
Prosecutor Leonard Doust had called Reyat's testimony last week a 'pack of lies' and applied to cross-examine him as a hostile witness. He had said Reyat appeared to be protecting Bagri and Malik.
Cross-examining Reyat would have allowed Doust to pursue a more aggressive line of questioning and focus on what he saw as inconsistencies between the testimony and previous statements, media reports said.
The defence lawyers, however, opposed the motion, arguing that there was no legal precedent and that the government appeared to be attempting to extend the investigation, Canadian daily Toronto Star said.
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Reyat finished his testimony on Monday, apparently unable to recall anything about the conspirators in the Air-India bombing. Even when confronted with transcripts from tapped phone calls seemingly showing him laying the groundwork for building and testing two bombs, he said his memory was blank.
During questioning on Monday, the Duncan-based former auto mechanic denied being a close friend of accused Malik though he later admitted that he knew Malik was financially supporting his wife while Reyat was in prison. He also denied having any contact with Bagri.
He had testified last week that he supplied bomb components to a man dubbed as Mr X after he failed in his own mission to make explosive devices.
Reyat is the only man to be convicted in the case. He pleaded guilty to manslaughter in February this year and was sentenced to five years in prison.
Earlier, he served 10 years for his part in the bombing that killed two baggage handlers in Tokyo's Narita Airport on the same day Kanishka exploded off the Irish coast.
In response to questions from defence lawyer Michael Code on Monday, Reyat testified that he bought a 12-volt battery similar to the one found in Narita airport. But he contradicted a statement by the sales clerk who said he was accompanied by a turbaned Sikh with a graying beard.
"I was by myself," he was quoted as saying by Canadian daily The Globe and Mail.
