Back after a break now - and #MengWanzhou lawyer Mona Duckett is continuing her submissions with comparisons to other cases ... again - they're trying to convince the judge the US has lied to the court about key facts in the case
She's citing a 2003 B.C. Supreme Court case where a judge stayed proceedings when the United Kingdom sought a Victoria man for extradition in relation to an alleged conspiracy involving the sale of rare coins.
The man's defence lawyers determined that one of the chief witnesses had absconded, another had died, and prosecutors didn't actually know if another was available.
In granting a stay, the judge said it would be "unsafe" to rely on the record of the case.
Duckett asks how the judge will know if the wool is being pulled over her eyes? Says she relies fundamentally on the US diligence, their candour, their accuracy and their good faith in putting the information before her

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More from @proctor_jason

4 Aug
This is it! The final two and a half weeks of #MengWanzhou extradition proceedings begin today ... here's a look at what you can expect cbc.ca/news/canada/br…
And I will be dialling into the proceedings - which are set to kick off at 10 am PT ... we should begin with arguments on allegations the US misled Canada about the facts of the case ... but remember - this isn't a trial ...
Court now called to order!
Read 10 tweets
29 Mar
Back now for the start of the fourth branch of #MengWanzhou abuse arguments. This one is about international jurisdiction!! Here's a previous story summarizing their claim cbc.ca/news/canada/br…
The first lawyer up is going to be Gib van Ert - a new face on the #MengWanzhou defence team. He's an expert on international law. William Smart will also be making submissions ...
van Ert says what happened in this case is no business of the US. It's the business of China ... and as such US is violating international law ...
Read 5 tweets
25 Mar
Today's #MengWanzhou court hearing about to begin. Crown could wrap by the end of day. Here's yesterday's story: cbc.ca/news/canada/br…
Curious to know what my colleagues @ianjamesyoung70 and @amysmart1 make of the judge's frequent questions. She seemed to make clear she's considering wrongdoing on behalf of RCMP and CBSA - even without guiding FBI conspiracy
Crown lawyer Diba Majzub says he's going to use his time to review law around seizing of phones and passcodes ... he says the purpose of getting phones was admissibility (which is legal)
Read 13 tweets
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 6 tweets
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
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

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