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

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

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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Castlegar Sculpturewalk 2020 – 10 Year Anniversary Sand Sculpture. (Submitted/CBT)
CBT arts and culture grant program now accepting applications

Apply through the Kootenay Columbia Cultural Alliance

(Pixabay)
‘Roadmap out of COVID-19’: Innovate BC’s program helping businesses recover

CEO Raghwa Gopal said the tech sector is here to help brick and mortar businesses

Brent and Craig Lebeau of Lebeau Brothers Logging star in Mud Mountain Haulers on Discovery Canada. (Photo submitted)
Mud Mountain Haulers shine light on forest industry

New TV show, featuring Lebeau Brothers Logging and shot in the Cariboo, premieres tonight.

Toronto Public Health nurse Lalaine Agarin makes preparations at Toronto’s mass vaccination clinic, Jan. 17, 2021. THE CANADIAN PRESS/Frank Gunn
3 deaths, 234 new cases of COVID-19 in Interior Health over the weekend

One death connected to outbreak at Kamloops’ Royal Inland Hospital, where 20 patients and 28 staff have tested positive

People skate on a lake in a city park in Montreal, Sunday, January 10, 2021. THE CANADIAN PRESS/Graham Hughes
The end of hugs: How COVID-19 has changed daily life a year after Canada’s 1st case

Today marks the one year anniversary of COVID-19 landing in Canada

Rolling seven-day average of cases by B.C. health authority to Jan. 21. Fraser Health in purple, Vancouver Coastal red, Interior Health orange, Northern Health green and Vancouver Island blue. (B.C. Centre for Disease Control)
2nd COVID vaccine doses on hold as B.C. delivery delayed again

New COVID-19 cases slowing in Fraser Health region

Vernon North Okanagan RCMP Superintendent Shawna Baher presents Lisa Rands, of Enderby, a certificate of appreciation after she went above and beyond at the scene of a multi-vehicle collision that closed Highway 97A Jan. 6, 2021, for several hours. (RCMP)
Mounties laud woman for help at fatal crash near Enderby

Vernon RCMP honour Enderby woman for taking care of children involved in collision

A large portion of Anglemont is without running water due to a water main break on Jan. 26. (CSRD Image)
A large part of Anglemont in the North Shuswap is without water due to a water line break on Jan. 26. (Black Press File Photo)
Broken water main leaves Shuswap community without running water

The water line has left Anglemont residents either without water or with low pressure.

A woman wearing a protective face mask to curb the spread of COVID-19 walks past a mural in Victoria, B.C., on Monday, Dec. 7, 2020. THE CANADIAN PRESS/Marissa Tiel
5 big lessons experts say Canada should learn from COVID-19

‘What should be done to reduce the harms the next time a virus arises?’ Disease control experts answer

A Vancouver Police Department patch is seen on an officer’s uniform as she makes a phone call. THE CANADIAN PRESS/Darryl Dyck
Vancouver man calls 911 to report his own stabbing, leading to arrest: police

Officers located the suspect a few blocks away. He was holding a bloody knife.

Kelowna seen from the top of Knox Mountain. (Phil McLachlan - Capital News file)
Homeownership unattainable for many Kelowna residents

Single-person and single-parent households often have limited options when it comes to housing

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Penticton fire crews quickly put out a small blaze at a home on Duncan Ave. E Monday night. (Mike Biden photo)
South Okanagan house fire sends one to hospital

The fire at the Duncan Place home was cooking related

Most Read