The Criminal Justice Branch says a Surrey man who was convicted of sexual assault in 2005 was the victim of a miscarriage of justice, and two other men have now been charged in the crime.

Spokesperson Neil MacKenzie says Gurdev Singh Dhillon was not provided with material evidence relating to other suspects at his trial.

But MacKenzie says it's now up to Dhillon to decide what to do. 

"The special prosecutor has recommended that he be given full disclosure of the materials that were reviewed by Mr. Wilson as well as an opportunity to apply to have the conviction set aside and that could occur either by way of an application to the supreme court of canada for leave to appeal or by an application for a ministerial review under the provisions of the Criminal Code."  

Dhillon was identified in court as one of two men who committed the sexual assault, he was sentenced to four years in prison, and lost an appeal of his conviction in 2006.