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| Kanishka probe: Two witnesses refuse to testify | | |
Toronto, June 21
Two witnesses, billed as having "seismic" evidence about the 1985 Air India bombing, has declined to testify before a probe panel here citing concerns over their personal security.
A third witness was unable to appear for the trial yesterday as he was hospitalised for a heart-ailment hours before he was scheduled to take the stand.
The witnesses backed out after the Air India inquiry Commissioner Justice Major said he could not offer guarantees that their identities would remain secret.
"The witnesses are apprehensive that the evidence they give may endanger them or others...We can't assure them of confidentiality. The press has the ability to apply for access to information...There are possibilities of court applications," he said.
Major said he had hoped at least to hear the testimony of the witnesses in camera before deciding how their evidence could become part of the public record at the inquiry into the June 1985 terrorist bombings that killed 331.
"All in all it leaves the witnesses apprehensive of their safety and others if they testify even at an in-camera hearing...But they cannot, will not testify at the in-camera hearing, it follows that they are not going to testify at the open hearing...," he said.
The inquiry, which has already heard from 113 witnesses over 44 days, adjourned the hearing until September.
Commission's chief counsel Mark Freiman said outside the hearing that it would have been inappropriate to issue notice to the witnesses, who had approached the commission voluntarily.
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