B.C. man accused in N.S. jail attack is terminally ill, unlikely to be tried

A man linked to the 2007 Surrey Six gang killings in British Columbiawill likely never go to trial on the charges he faces related to a brutal beating two years ago at a Nova Scotia jail.

Sephon Sek, 42, is one of 15 men accused of attacking another inmate, Stephen Anderson, at the Central Nova Scotia Correctional Centre on Dec. 2, 2019. Sek is accused of being part of a human wall of inmates who prevented guards from intervening while others assaulted the victim.

A decision released Monday by the Nova Scotia Supreme Court saidSekhas terminal cancer and is not expected to live another year.

Justice Kevin Coady said he was prepared to release Sek to immigration authorities, who would then decide whether he is free to spend his final days with his three children in B.C., should remain in custody or be deported to his native Cambodia.

Sek was in the Nova Scotia jail, located in the Halifax-areaBurnside business park,on an immigration hold. The federal government plans to deport him due to his violent criminal past in B.C.

In 2015, hepleaded guilty to break and enter related to the Surrey Six gang murders, where six people,including two innocent bystanders, were shot by two Red Scorpion gang members. Sek was paid $25,000 to knock on the door of the Surrey, B.C., apartment ofa rival gang member, under the premise he was there to do a drug deal.

Sek finished serving his six-year federal sentence in the prison in Springhill, N.S. At the end of the sentence, the minister of immigrationrevoked Sek's permanent residence status and had him placed on immigration hold, which is how he ended up in the Burnside jail.

Because of the complexity of the Burnside assault case, the 15 accused were broken into two groups for two separate trials. Sek was supposed to be part of the first trial last fall, but his case was severed from the others due to his health.

Sek sought his releaseat a hearing in November. He is asking that he be allowed to return to British Columbia where he can live out his final days with his three children and extended family.

The Crown hadraised a series of concerns about Sek's release proposal, including where he would live, the arrangements for his medical treatment and who willpay for it, his prognosis and what assurances there would be that he would abide by release conditions.

Coady said that while he was prepared to release Sek, he first wanted the Crown and defence to discuss certain details, such as how he should be transferred to immigration services.

Sek's case is scheduled to return to court next month for a status update.

Twelve of the other accused in the Burnside attack have been convicted of aggravated assault. A 13th man, Geevan Nagendran, was convicted of obstruction.

The lawyer for the 15th accused, Brian James (B.J.) Marriott, has said his client is prepared to plead guilty to the same assault charge, but has yet to do so.