Captain could have left Tamil ship that brought migrants to Canada: Crown

The captain of a ship that brought nearly 500 Tamil migrants to Canada had opportunities to get off the vessel but did not take them, even though he has testified he had no intention of steering the boat when he boarded as a passenger, the Crown suggested Tuesday.

Lesly Emmanuel, Kunarobinson Christhurajah, Nadarajah Mahendran and Thampeernayagam Rajaratnam have each been charged under the Immigration and Refugee Protection Act with organizing the voyage of the MV Sun Sea, which docked in British Columbia in August, 2010, carrying 492 Sri Lankan Tamils – 380 men, 63 women and 49 children. The ship was the second Tamil migrant vessel to arrive in this province in less than a year and drew considerable attention.

The jury trial for the four men began in B.C. Supreme Court in October. The Crown wrapped its case last week and defence lawyers started Monday, when Mr. Emmanuel testified. He told the court he paid a $15,000 (U.S.) deposit to board the ship and was only supposed to be a passenger. He said the crew, made up of Thai nationals, deserted the boat before the voyage began and the other migrants ultimately asked Mr. Emmanuel – who had marine experience – to steer them to Canada.

The Crown began its cross-examination Tuesday. Prosecutor Charles Hough questioned Mr. Emmanuel about several aspects of his testimony, including Mr. Emmanuel's claim that he asked the Thai crew whether he could leave with them. Mr. Emmanuel has said that request was refused.

Mr. Hough noted that fishing vessels regularly transported Tamil migrants to the MV Sun Sea and he asked why Mr. Emmanuel did not simply leave on one of those boats. At one point, he asked Mr. Emmanuel why he did not try paying one of the vessel operators the $20 (U.S.) he had with him.

Mr. Emmanuel, speaking through an interpreter, said the fishermen operating those boats would not have known what U.S. currency looked like.

He said some MV Sun Sea passengers had already asked whether they could leave on the smaller boats, but had been denied.

Money has been a recurring theme through the first two days of Mr. Emmanuel's testimony. He has said he received the $15,000 cash deposit from his uncle and paid it to a trip organizer. He has said he was to pay an additional $15,000 after he arrived in Canada.

Mr. Hough questioned Mr. Emmanuel at length about the $15,000 deposit, including how large the bills were ($100), when he paid the organizer (around March, 2010), and where the two men met (at a park).

Mr. Emmanuel has said he was living with roommates in Thailand and Mr. Hough noted he would have had the cash in his room for several weeks. Mr. Emmanuel said he rarely left home, though he did sometimes go to the library – he told the court he would take the $15,000 with him in a backpack.

Mr. Hough at one point asked Mr. Emmanuel whether he was angry he had paid to board the ship but ended up having to serve as the captain. Mr. Emmanuel said he was primarily concerned for the people aboard the ship.

Mr. Emmanuel had studied at a maritime institute in Malaysia and previously told the court a ship on which he was the third mate sank off the coast of India. He has said three people died and that he was in the water for 12 hours.

Mr. Hough introduced photos of the sinking Tuesday and said the ship went down 100 metres from the shore, not 20 nautical miles away, as Mr. Emmanuel had said. He said Mr. Emmanuel was rescued almost immediately. Mr. Emmanuel denied that version of events.

Mr. Emmanuel has said he was not a member of the Liberation Tigers of Tamil Eelam, which had opposed government forces in a decades-long civil war. He has said a Sri Lankan official asked his mother whether he was a member of the Tamil Tigers and he did not believe he could return to the country after leaving in 2001.

Mr. Emmanuel testified he was held in custody from the time the MV Sun Sea arrived in Canada until February, 2013.

He said he moved to Toronto after he was released but returned to Vancouver about a year ago and is currently working at a restaurant. He said he would like to open a restaurant of his own and become a chef.