A provincial court judge has concluded that Crown conduct in a recent Calgary organised‑crime prosecution undermined the integrity of the proceedings, finding errors that amount to an abuse of process and prompting scheduled remedies later this year.
Judge cites disclosure failures and inappropriate examination
The decision follows a lengthy trial that resulted in the conviction of Mohit Sandhu, 24, on charges of conspiracy to commit kidnapping and robbery with a firearm for an incident in July 2023. The accused awaits sentencing and also faces separate murder charges in relation to an unrelated 2020 homicide.
Justice Margaret Keelaghan identified multiple problems with the Crown’s handling of the matter. Central among them was the Crown prosecutor’s failure to disclose a recording of a pre‑trial meeting with a key witness and the decision to question that same witness despite the witness being prosecuted by the same Crown in a different trial.
"In my view, it was inappropriate for this Crown to have examined this witness. It created unnecessary issues in the trial,"
"It resulted in an 'appearance of unfairness.'"
Keelaghan said the Crown’s office should have had better policies to manage the conflict created when a prosecutor is involved in two related proceedings that touch the same witness. The judge found the conduct raised questions about the fairness of the process and the Crown’s disclosure obligations.
Facts of the case and immediate consequences
Prosecutors say the offences stem from the July 4, 2023, abduction of a Richmond, B.C., man, who was taken from a Calgary short‑term rental and held for ransom. The Crown alleged the kidnapping was organised over the alleged loss of $250,000 in drugs and other contraband in Whitehorse. Three other people linked to the incident were charged as co‑conspirators.
Following the conviction earlier this year, defence counsel sought relief, challenging the conduct of the Crown. Keelaghan’s finding on abuse of process does not automatically vacate the conviction but has already introduced uncertainty about the sentence to be imposed. The defence has indicated it will pursue further remedies; a hearing on those matters is scheduled for Nov. 2‑3.
| Date | Event |
|---|---|
| July 4, 2023 | Alleged kidnapping at a Calgary Airbnb |
| January 2026 | Conviction of Mohit Sandhu for conspiracy to commit kidnapping and robbery with a firearm |
| Nov. 2–3, 2026 | Hearing on remedies related to the abuse‑of‑process ruling |
Systemic questions about Crown practices
The ruling raises broader questions about how Crown offices manage file assignments and disclosure duties when witnesses, defendants and related matters cross between separate files. Keelaghan stressed that the Crown had a clear duty to disclose the recording of the pre‑trial meeting with the witness and that the failure to do so was significant.
Defence submissions had suggested there might have been an arrangement between the witness and the Crown, and argued the Crown should have corrected the witness’s testimony where it was misleading. Keelaghan rejected the suggestion that an actual deal existed but found the prosecution’s conduct nonetheless created confusion and an appearance of unfairness.
- Disclosure obligations: The judge emphasised the Crown’s duty to disclose relevant material, including recorded pre‑trial meetings with witnesses.
- Prosecutorial conflict: Questioning a witness in one matter who was being prosecuted by the same Crown in another was deemed inappropriate.
- Next steps: Defence will seek remedies; a court hearing is scheduled for Nov. 2–3, 2026.
The decision will be closely watched by defence and prosecution offices. It underscores the continuing importance of strict adherence to disclosure rules and the need for clear internal protocols to avoid conflicts when Crown counsel are connected to multiple, overlapping prosecutions.
At this stage the case remains before the courts. The judge’s finding does not dispose of Sandhu’s convictions but has injected uncertainty into the sentencing phase and may lead to further judicial remedies depending on arguments presented in November.
Reporting on the case is ongoing as the legal process continues.
