A Surrey man who was convicted of sexual assault in 2005 is the victim of a miscarriage of justice, a special prosecutor says.

Police have issued a public apology for "the mistakes that were made."

Gurdev Singh Dhillon was sentenced in 2005 to four years in prison after being convicted in a case where two men raped a woman in a basement suite in Surrey. No DNA tests had been made.

Dhillon appealed the conviction and sentence in 2006, arguing that the trial judge erred by relying on the victim's in-court identification, but the B.C. Court of Appeal upheld the conviction.

On Wednesday, the Criminal Justice Branch announced that Special Prosecutor Peter Wilson has since concluded that Dhillon had fallen victim to a miscarriage of justice.

"This conclusion relates to the fairness of Mr. Dhillon's trial based on non-disclosure to him of material evidence," justice branch spokesman Neil Mackenzie said Wednesday.

Wilson recommended that Dhillon be given the opportunity to apply to have his conviction set aside.

Chief Supt. Bill Fordy, in charge of the Surrey RCMP, issued a public apology Wednesday. He said in August 2011 Surrey RCMP sexual offence investigators reviewed the case and determined the initial investigation "did not sufficiently consider additional avenues regarding other potential suspects."

"They also determined this information was not shared with Crown counsel or with defence counsel during the original trial," Fordy said.

"I recognize and understand that the general public will have concerns about this incident," he said. "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."

Meanwhile, Mohammed Zaaid Ukhttar and Sital Singh Bhatti were charged with sexual assault on Feb. 12, in connection with this case, and are to appear in Surrey provincial court on April 5.