Back for the beginning of another week of #MengWanzhou extradition proceedings in BC Supreme Court. Defence is still making their case in relation to allegations Meng's rights were violated during arrest cbc.ca/news/canada/br…
If you've been following the "trials" of Michael Kovrig and Michael Spavor in China right now - please take the time to listen to this episode of our podcast where you can learn so much more about these two Canadians podcasts.apple.com/ca/podcast/epi…
Defence lawyer Scott Fenton begins by speaking about the "unprecedented" refusal by former Staff Sgt. Ben Chang NOT to testify at Meng's extradition proceedings ... says "there is a certain shock value" that Chang won't allow himself to be cross-examined
He says the judge should place "no reliance" on affidavit ... and place an "adverse inference" on the fact that Chang is refusing ... Here's a story taken from defence documents on this argument cbc.ca/news/canada/br…
Fenton says Chang would be the "most important witness" on the collection of alleged sharing of electronic serial numbers ... "we could have made considerable headway" in cross-examining him ...
Fenton is now detailing what he says are inconsistencies in an interview Chang had with the Crown - to other evidence that shows he was asked to collect info about Meng's electronic devices ...
Note - the Crown's response to this is that the defence should have compelled Chang to testify - and to draw an adverse inference from the fact they didn't. Fenton cites law that says the judge should reject that logic ...
"This is a rare event" Fenton says ...
Judge asks whether - if she agrees not to rely on Chang's affidavit .. .she can also draw an adverse inference from it. "Doesn't an adverse inference go further than simply placing no reliance on the affidavit?"
Fenton now moving onto next section - which covers fact that all Staff Sgt. Ben Chang's text and email messages were destroyed when he retired ... "this was done at a time when the AG and the RCMP were clearly on notice" from defence
Fenton says the RCMP's system is "built to fail" in that there's no archiving and no backup for Chang's emails ...
Judge calls for break!
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