British Columbia’s highest court has rejected the Crown’s bid to overturn a six-month sentence given to a Vaughan man convicted of terrorist fund-raising. Prapaharan “Prapa” Thambithurai, 47, of Maple, was convicted and sentenced in B.C. in May for providing financial services, knowing they would benefit terrorist group known as the Tamil Tigers.
Mr. Thambithurai, was born and raised in Sri Lanka, pleaded guilty to the charge in what became Canada’s first successful prosecution of knowingly raising funds for the Tamil Tigers.
In a 3-0 ruling released today, the B.C. Court of Appeal rejected the Crown’s appeal, ruling the six-month sentence fit the crime.
The facts and Mr. Thambithurai’s personal circumstances were properly considered during his trial, the B.C. appeals court said in its ruling.
Only weeks after the sentence was handed down, the federal government said it would appeal, claiming the sentence was “inappropriate and inadequate”.
During the criminal case, the Crown argued Mr. Thambithurai should be sentenced to two years. The charge carries a maximum 10-year sentence.
But Mr. Thambithurai was ordered to serve a sentence that would ordinarily be viewed as a harsh penalty for a first offender, the B.C. appeals court ruled.
Mr. Thambithurai’s conviction will have long-lasting effects, as it will interfere with his ability to travel beyond Canada, the ruling states.
Mr. Thambithurai has been freed after serving his sentence. Mr. Thambithurai went to a home in Burnaby, B.C. March 13, 2008 and asked a man to contribute money for humanitarian aid to help the Tamil people in Sri Lanka, according to a statement of facts from the criminal case, The man gave Mr. Thambithurai $600 cash, for which a receipt was issued.
That same day, Mr. Thambithurai requested money from another man in Burnaby and received a $300 pledge, but no cash, according to the statement of facts. Mr. Thambithurai was later arrested.
Mr. Thambithurai admitted to police he travelled to B.C. to collect money for residents of Sri Lanka. The money was intended for the World Tamil Movement, Mr. Thambithurai told police.Ottawa considers the Tamil Tigers and the World Tamil Movement terrorist groups.
Mr. Thambithurai arranged to have the money picked up at his Maple home, he told police. As much as half of the money raised would end up in the hands of the Tamil Tigers, Mr. Thambithurai admitted.
Mr. Thambithurai has never been a member of Tamil Tigers, his lawyer said. Mr. Thambithurai came to Canada in 1988 as refugee, settling in the Toronto area. He and his wife moved to Vancouver in 1991 and stayed until 2004, Canadian media reports.