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22 Mar, 6 tweets, 1 min read
Fenton accuses RCMP of "unacceptable negligence" in the destruction of former Staff Sgt. Ben Chang's emails ...
Fenton is done - next up is Richard Peck - on credibility and reliability
Peck begin by saying the reliability and credibility are both issues in the #MengWanzhou case ...
Peck says "notetaking is critical ... hearings like this are in effect efforts to recreate past human events." Notes become keys to unlocking human memory
Peck says "Every person involved with Ms Meng … were well aware of the significance of what they were dealing with … and yet this dictate (about the importance of note taking)… was not followed in any meaningful way"
Judge calls for lunch break - back at 2

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More from @proctor_jason

Jason Proctor Profile picture
24 Mar
Crown about to resume arguments at #MengWanzhou extradition proceedings ... here is a recap of yesterday's events: cbc.ca/news/canada/br…
Crown lawyer Diba Majzub begins by telling judge that CBSA acted reasonably in deciding to examine #MengWanzhou before the RCMP arrested her ...
Majzub says the Crown's argument "in a nutshell" is that there wasn't a "battle for immediacy" between RCMP and CBSA on #MengWanzhou arrival - but that RCMP acted reasonably in letting CBSA go first - not to carry out a covert plot for which there is no evidence
Read 5 tweets
Jason Proctor Profile picture
23 Mar
Crown lawyer Robert Frater says he's going to speak for 30 minutes only - asks the judge to "step out of the weeds"
He says there are two different narratives - the exciting one - and the more "prosaic" one ... the one involving conspiracy ... and the one that just involves two public bodies trying to figure out how to go about an unprecedented situation
Frater tells the judge not to lose focus on the law ... says she needs to keep the applicable test for abuse of process in mind from Regina vs Babos ... scc-csc.lexum.com/scc-csc/scc-cs…
Read 21 tweets
Jason Proctor Profile picture
23 Mar
The #MengWanzhou extradition proceedings are about to begin for the day. Defence lawyer Richard Peck said he expects to take another hour - interesting to hear the response from the Crown soon cbc.ca/news/canada/br…
I see the judge overseeing the hearing has denied an application from #MengWanzhou to introduce evidence from a Huawei accountant who would have said HSBC didn't really risk losing any money - suggesting the allegation of fraud could not be supported bccourts.ca/jdb-txt/sc/21/…
The judge echoes the Crown's point on this element of the #MengWanzhou case: "The simple fact of a loan, even a loan that has been repaid, may satisfy the deprivation element of fraud. The law does not require an assessment of the risk of non-repayment."
Read 5 tweets
Jason Proctor Profile picture
22 Mar
Back with #MengWanzhou defence lead Richard Peck who says the failure to take adequate notes amounts to a dereliction of duty for the RCMP and CBSA officers involved in arrest
Peck says a deliberate decision not to take notes is a violation of Charter Section 7 ... because it impedes a person's ability to defend themselves
Peck says "There are problems with mere negligence if that’s what is happening … It becomes much more serious if there’s a deliberate determination not to take notes …"
Read 5 tweets
Jason Proctor Profile picture
22 Mar
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
Read 12 tweets
Jason Proctor Profile picture
27 Sep 19
Police report into northern B.C. homicides says Bryer Schmegelsky and Kam McLeod recorded videos admitting to killing all three victims - but gave no motive for the crimes
13-page report details investigation into murders of Lucas Fowler, Chynna Deese and Leonard Dyck last July as well as the investigation into the two killers ...
Among the details ... gun casings found at the scenes of both murders matched the guns that Schmegelsky and McLeod ultimately used to kill themselves in northern Manitoba
Read 12 tweets

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