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Posted by Al Gordon on 09:06:04 2004/09/02
Sri lankan gangster gets to stay
Judge fears 'hardship' for son of man caught with AK-47
Stewart Bell
National Post
Thursday, September 02, 2004
TORONTO - A Sri Lankan gangster caught in Toronto with an AK-47 assault rifle and sawed-off shotgun that police believe were meant for a murder has won the right to stay in Canada after a refugee judge ruled the man's family would suffer if he were sent home.
Although the judge said Sanththijesvaran Kathiravelu, 31, was convicted of a serious crime and was a member of AK-Kannan, an ethnic Tamil gang responsible for killings, assaults, extortion and drug trafficking, he ruled he should not be deported for the time being.
Immigration and Refugee Board (IRB) member Egya Sangmuah wrote in his decision that since his arrest, Kathiravelu has married and fathered a son in Canada, and takes his family to the mall and cinema. Deporting him would cause undue hardship to the family, he ruled.
After setting aside a deportation order, the judge told Kathiravelu to stay away from gangs and guns, and instructed him to return to the refugee board on June 18, 2010, at which time his case will be looked at again. The decision was posted on the IRB's Internet site in August.
The decision is the latest blow for police and immigration officials trying to rid Canada of violent Sri Lankan street gangs responsible for dozens of shootings. Despite scores of arrests, most of the gang members have so far managed to avoid deportation.
But in a separate decision, the same refugee judge upheld the deportation of another Tamil gang member, Kumanan Veerasingam, who was described as a "major player" in the Gilder Boys gang with a penchant for "gratuitous violence."
Mr. Sangmuah ruled that Veerasingam, who has seven criminal convictions, led an unproductive life, had not broken his ties to gangs and, although he had family in Canada and planned to marry his girlfriend, his deportation would not cause significant problems for them.
Tamil gangs turned parts of Toronto into shooting galleries in the late 1990s as they openly fought for territory.
The two principal gangs, AK-Kannan and VVT, are linked to Tamil armed factions in Sri Lanka. Police believe VVT has close ties to the Liberation Tigers of Tamil Eelam.
In October, 2001, police and immigration authorities launched Project 1050, a major anti-gang offensive in Toronto, arresting dozens of members on immigration violations. Although Tamil gang warfare has mostly subsided since then, few of the gangsters have been deported and most are back on the streets.
Charles Hawkins, a spokesman for the refugee board, said he could not comment on specific cases.
But he said the IRB is required to look at all circumstances, including the impact on family, when deciding whether someone should be deported.
Born in Sri Lanka, Kathiravelu was 16 when he moved to Canada in 1989. He was accepted as a refugee and lived on welfare before getting a job at Toronto Precision Grinding. But by 1993, Toronto police had determined he was a member of AK Kannan, a Tamil gang, named after the AK-47 assault rifle, and was close to its leader, Jothiravi Sittampalam.
On Aug. 23, 1996, Kathiravelu was a passenger in a car that was pulled over by police in Mississauga. In the back seat, police found an AK-47 and two magazines of ammunition. A sawed-off shotgun was found in the trunk. All four men in the car were convicted of weapons possession.
Police suspect the occupants of the car were on their way to carry out a drive-by shooting against members of the rival VVT gang, which, according to a police informant, had placed Kathiravelu's name on a hit list.
"These offences are the most serious kind that one can imagine in a civilized society," the trial judge said. "The capability of these weapons was nothing short of murderous and there's absolutely no way I can reconcile public safety with the release of people in possession of these firearms."
After Kathiravelu had served an 18-month sentence, Canadian immigration officials began proceedings to remove him from Canada. A removal order was issued in 2002, but he appealed and the case went before Mr. Sangmuah.
The refugee judge ruled that Kathiravelu, whom he said had been "sucked into" gangs by friends, could remain in Canada because he had a steady job, had not been arrested since 1996 and, that if he was deported, his wife and son, Sarin, would probably go with him to Sri Lanka.
"If this were to occur, Sarin would lose the benefits of growing up in Canada and be exposed to the vicissitudes of adjusting to a foreign environment. It would be in the best interests of Sarin that his father is given the opportunity to prove he has been rehabilitated," he ruled.
© National Post 2004
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