No evidence that FBI, RCMP directed border guards’ examination of Meng Wanzhou: Crown

Defence alleges authorities conspired to obtain info from Huawei CFO to boost U.S. case against her

There’s no evidence to support a “conspiracy” theory that United States officials directed Canadian border guards to interrogate Huawei Technologies executive Meng Wanzhou at Vancouver’s airport, a Crown prosecutor says.

Defence lawyers argue that the Federal Bureau of Investigation, the RCMP and Canada Border Services Agency conspired to obtain information from Meng during an admissibility exam in order to advance a criminal case against her in the U.S.

Meng was passing through the airport on Dec. 1, 2018, when Canadian border guards questioned her about Huawei’s business in Iran and seized her electronic devices before the RCMP executed a provisional arrest warrant.

John Gibb-Carsley, representing the federal Justice Department, told a British Columbia Supreme Court judge Wednesday there’s no proof the FBI or RCMP ordered border guards to conduct the exam or provided questions to them.

He also dismissed the defence’s claims that RCMP officers’ notes suggest they initially planned to board Meng’s plane to arrest her and that this plan abruptly changed on the morning of Dec. 1 to allow border guards to interview her first.

“These may seem like trivial points to correct, but in my respectful submission, this is the only evidence my friends have before this court to weave their story of a conspiracy,” he told the judge.

“Each fact that becomes put in context, and the sinister nature removed, I say erodes their overall allegations.”

The U.S. is seeking Meng’s extradition on fraud charges. She’s accused of lying to HSBC about Huawei’s work in Iran, putting the bank at risk of prosecution for violating sanctions against the country.

READ MORE: Border officers couldn’t have legally arrested Huawei exec Meng Wanzhou, Crown says

Meng, whose arrest sparked a diplomatic crisis between Canada and China, denies wrongdoing and her lawyers are in court seeking further documents ahead of her extradition hearing in January.

Canadian border guards held Meng for three hours and, in addition to seizing her electronic devices, obtained her passcodes and wrote them on a piece of paper that they gave to the RCMP when she was arrested.

The Crown acknowledged for the first time Tuesday that border guards should not have handed over her passcodes.

The CBSA later realized its “error” and asked for the codes back, but the RCMP responded that the passwords had already formed part of the evidence before a judge, the Crown said.

Justice Heather Holmes continued to push prosecutors on Wednesday for details on how the error occurred and when it was realized.

Gibb-Carsley said the passcodes were included on a list of evidence filed with the court on Dec. 6, so it’s fair to infer that the mistake was realized some time after that date.

He stressed that a forensic examination has shown that neither border guards nor Mounties used the passcodes or searched the phones. The U.S. has dropped its request for the devices and Canada is seeking to return them to Meng, he said.

“We know the passcodes were passed over. We know that was done in error. But what I respectfully submit there’s no evidence of is that it was done for a nefarious purpose,” Gibb-Carsley said.

“The passcodes will never be used on devices that will be returned to Ms. Meng.”

An RCMP officer’s notes from the morning of Dec. 1 say that the CBSA will locate Meng’s phones “as per FBI request” and place them in mylar bags. The defence has suggested this is proof of improper co-ordination between the agencies.

Gibb-Carsley said border guards have legal authority to seize devices and obtain passwords. Mylar bags prevent phones from being wiped remotely and it would have been inappropriate for the RCMP to not warn the border agency about the possibility of sensitive data being removed from Meng’s devices while they were in custody, he said.

The defence is seeking further documents that it believes would prove its allegations of the three agencies conspiring to conduct a “covert criminal investigation” at the airport. It has also suggested there should be a stay of proceedings.

Gibb-Carsley said there’s no evidence that would back up the extreme measure of a stay and the Crown has already disclosed extensive documents that go beyond its legal obligations.

Laura Kane, The Canadian Press

Like us on Facebook and follow us on Twitter

Just Posted

B.C. mom, kids on bike turned away from Tim Hortons drive-thru

Car-free for years, Charity Millar ‘felt gross’ being denied service

The Salvation Army rings in Christmas Kettle Campaign in Victoria

Goal is to raise $250,000 this year for Vancouver Island residents needing support

Body found in Central Saanich waste recycling facility deemed non-suspicious

Coroners Service investigating circumstances of death

Saanich mom on a bike turned away in Tim Hortons drive-thru

Car-free for years, Charity Millar ‘felt gross’ being denied service

West Shore RCMP spend four hours searching for roving hikers

RCMP say stay put once you’ve called for help and listen to instructions

POLL: Do you plan on making any purchases on Black Friday?

We’ve all seen the images. Shoppers rioting outside of a store in… Continue reading

B.C. man gets life with no parole until 2042 for murder of Belgian tourist near Boston Bar

Sean McKenzie pleaded guilty to second-degree murder of 28-year-old Amelie Christelle Sakkalis

‘Very disrespectful’: B.C. first responder irked by motorists recording collisions on cellphones

Central Cariboo Search and Rescue deputy chief challenges motorists to break the habit

Daily cannabis linked to reduction in opioid use: B.C. researchres

Researchers looked at a group of 1,152 people in Vancouver who reported substance use and chronic pain

Port Alberni rallies for mill workers

Fundraisers helping ease the sting of five months without work

Island student lobbies school board for dress code consistency

Jaylene Kuo contacted school trustees after seeing dress guidelines at brother’s school

Bids down, costs up on Highway 1, B.C. independent contractors say

Rally protests NDP government’s union-only public construction

Members of little people community applaud change to drop ‘midget’ term

‘It’s not about sensitivity,’ says Allan Redford, the president of the Little People of Canada

Most Read