SURREY (NEWS1130) – A special prosecutor says a miscarriage of justice occurred in a 2005 sexual assault conviction that led to a four-year prison sentence for a BC man.

Gurdev Singh Dhillon was convicted of being one of two men who took part in a brutal July 2004 sexual assault of a 19-year-old woman in Surrey.

Crown spokesman Neil MacKenzie says justice officials became aware in 2011 that evidence about the case was not disclosed to the Crown, and therefore not disclosed to the defendant.

Special prosecutor Peter Wilson was appointed and Delta Police took over the investigation from RCMP.

Wilson has now approved sexual assault charges against two men: Mohammed Zaaid Ukhttar and Sital Singh Bhatti, who are scheduled to appear in court in April.

Surrey RCMP Chief Superintendent Bill Fordy says when the mistakes were brought to his attention, he and other senior managers started to take steps to correct the situation, including asking another police department to investigate.

“I recognize, and understand, that the general public will have concerns about this incident. I share those concerns and deeply regret the impacts these mistakes may have had on all those involved. As the Officer in Charge of the Surrey RCMP, I apologize for the mistakes that were made,” he says.

Dhillon and his lawyer will now decide whether to try and have his conviction overturned.