Huawei executive Meng Wanzhou's extradition hearing adjourns in Vancouver

January 20, 2020 admin British Columbia, China, Huawei, Iran, local news, national, vancouver

Credit to Author: Keith Fraser| Date: Tue, 21 Jan 2020 00:18:55 +0000

A court hearing began today in Vancouver over the American request to extradite an executive of the Chinese telecom giant Huawei on fraud charges.

The arrest of Meng Wanzhou in 2018 fractured relations between Canada and China.

Court has adjourned for the day. Meng’s lawyers are expected to continue their submissions on Tuesday.

The courtroom, which was packed with reporters and members of the public to begin the day, has a number of empty seats now.

Gottardi resumes his submissions after the break by telling the judge he will give the question the judge asked before the break more consideration over night and respond more fully tomorrow.

Court has adjourned for the afternoon break. Monday’s proceedings are expected to end at about 4 p.m.

This courtroom sketch by Jane Wolsak and released to AFP by the artist shows Huawei chief financial officer Meng Wanzhou attending her extradition hearing in British Columbia Supreme Court in Vancouver, British Columbia on January 20, 2020. DON MACKINNON / Jane Wolsak/AFP via Getty Images

The judge asked Gottardi whether if it was a domestic Canadian prosecution based on the allegations against Meng whether it would be a viable offence in Canada.

Gottardi said he would have to think about the answer to that question and added that whatever facts might be involved in a domestic prosecution, there would have to be an act of dishonesty and a risk of deprivation.

Gottardi notes that the only thing an extradition judge in Canada should look at is whether or not the conduct in question is a crime in Canada.

The judge interjected to ask whether the real question is what is the conduct itself.

Holmes noted that the difference between the defence and Crown position on the double criminality issue was how broadly the conduct in question is defined.

Gottardi agreed that was something the judge would have to decide.

Huawei Chief Financial Officer Meng Wanzhou leaves B.C. Supreme Court on a lunch break during the start of her extradition hearing in Vancouver, British Columbia, Canada January 20, 2020. By Jennifer Gauthier / REUTERS

Meng has arrived back in court for the continuation of arguments by her lawyers.

Court has adjourned for the lunch break and will resume at 2 p.m. with more arguments from Meng’s lawyers.

During the submissions of her lawyers, Meng sat quietly at the defence table, following the arguments intently and studying documents being referred to by her counsel.

Outside court, officials set up several large video screens where members of the public who couldn’t get in to the courtroom could view the proceedings.

This courtroom sketch by Jane Wolsak and released to AFP by the artist shows Huawei chief financial officer Meng Wanzhou (L) attending her extradition hearing in British Columbia Supreme Court in Vancouver, British Columbia on January 20, 2020. DON MACKINNON / Jane Wolsak/AFP via Getty Images

After Meng’s Lawyer Richard Peck presented his overview of the case for Meng, his colleague, Eric Gottardi launched into a more detailed argument for the defence.

Gottardi told the judge that the Crown was advancing two contradictory arguments, saying on the one hand that the judge should not look at the sanctions issue while on the other saying sanctions should be considered.

He argued that the proper application of the double criminality issue in the case will lead the court to the conclusion that the legal test cannot be met.

In her first comment, the judge questioned Gottardi about his assertion that the relevant date for the case was the Crown filing in February 2019 the authorization for the matter to proceed.

VANCOUVER, BC., January 20, 2020 – Extradition hearing for Huawei executive Meng Wanzhou leaves her home for the first day of her extradition hearing in Vancouver, BC., January 20, 2020. The lawyer for the Attorney General will make opening arguments and the defence will argue double criminality. (NICK PROCAYLO/PNG) 00060095A ORG XMIT: 00060095A [PNG Merlin Archive] NICK PROCAYLO /PNG

VANCOUVER, BC., January 20, 2020 – Demonstrators outside BC Supreme Court as the extradition hearing for Huawei executive Meng Wanzhou begins in Vancouver, BC., January 20, 2020. The lawyer for the Attorney General will make opening arguments and the defence will argue double criminality. (NICK PROCAYLO/PNG) 00060095A ORG XMIT: 00060095A [PNG Merlin Archive] NICK PROCAYLO /PNG

Protesters hold a large sign against China's Uighur camps, labeled as vocational training centres by the Chinese government, outside the home of Huawei Chief Financial Officer Meng Wanzhou before her extradition hearing at B.C. Supreme Court in Vancouver, British Columbia, Canada January 20, 2020. REUTERS/Lindsey Wasson By Lindsey Wasson /REUTERS

Huawei Chief Financial Officer Meng Wanzhou is greeted by a member of her security as she leaves her home to attend the start of her extradition hearing at B.C. Supreme Court in Vancouver, British Columbia, Canada January 20, 2020. REUTERS/Lindsey Wasson By Lindsey Wasson /REUTERS

Huawei Chief Financial Officer Meng Wanzhou walks with a member of her security as she leaves her home to attend the start of her extradition hearing at B.C. Supreme Court in Vancouver, British Columbia, Canada January 20, 2020. REUTERS/Lindsey Wasson By Lindsey Wasson /REUTERS

The ankle monitor of Huawei Chief Financial Officer Meng Wanzhou is visible as she leaves her home to attend the start of her extradition hearing at B.C. Supreme Court in Vancouver, British Columbia, Canada January 20, 2020. REUTERS/Lindsey Wasson By Lindsey Wasson /REUTERS

Huawei Chief Financial Officer Meng Wanzhou leaves her home to attend the start of her extradition hearing at B.C. Supreme Court in Vancouver, British Columbia, Canada January 20, 2020. REUTERS/Lindsey Wasson By Lindsey Wasson /REUTERS

Media photograph a vehicle driving Huawei Chief Financial Officer Meng Wanzhou from her home to attend the start of her extradition hearing at B.C. Supreme Court in Vancouver, British Columbia, Canada January 20, 2020. REUTERS/Lindsey Wasson By Lindsey Wasson /REUTERS

Huawei Chief Financial Officer Meng Wanzhou greets the media as she leaves her home to attend the start of her extradition hearing at B.C. Supreme Court in Vancouver, British Columbia, Canada January 20, 2020. REUTERS/Lindsey Wasson By Lindsey Wasson /REUTERS

Huawei chief financial officer Meng Wanzhou leaves her Vancouver home to begin her extradition hearing in British Columbia Supreme Court, on January 20, 2020 in Vancouver, British Colombia. – The chief financial officer of China's Huawei arrived Monday morning at a Canadian court for the start of a hearing for her extradition to the United States. Meng Wanzhou wore a black dress that exposed an electronic ankle bracelet that authorities ordered her to wear as a condition of her release from custody. She made no comment on entering the court. (Photo by Don MacKinnon / AFP) DON MACKINNON /AFP

A protester holds a picture of Michael Kovrig and Michael Spavor, two Canadians detained in China, and a large sign against China's Uighur camps outside the home of Huawei Chief Financial Officer Meng Wanzhou before her extradition hearing at B.C. Supreme Court in Vancouver, British Columbia, Canada January 20, 2020. REUTERS/Lindsey Wasson By Lindsey Wasson /REUTERS

Huawei Chief Financial Officer Meng Wanzhou, wearing an ankle monitor, leaves her home to attend the start of her extradition hearing at B.C. Supreme Court in Vancouver, British Columbia, Canada January 20, 2020. REUTERS/Jennifer Gauthier By Jennifer Gauthier /REUTERS

VANCOUVER, BC – JANUARY 20: Members of the media and public line up outside a British Columbia Supreme courthroom on the first day of the extradition trial for Huawei Technologies Chief Financial Officer Meng Wanzhou on January 20, 2020 in Vancouver, Canada. The United States government accused Wanzhou of fraud after HSBC continued trade with Iran while sanctions were in place. Jeff Vinnick /Getty Images North America

VANCOUVER, BC – JANUARY 20: Members of the media stand outside the home of Huawei Technologies Chief Financial Officer Meng Wanzhou as they wait for her to leave for a court appearance on the first day of her extradition trial on January 20, 2020 in Vancouver, Canada. The United States government accused Wanzhou of fraud after HSBC continued trade with Iran while sanctions were in place. Jeff Vinnick /Getty Images North America

VANCOUVER, BC – JANUARY 20: Members of the media and public line up outside a British Columbia Supreme courtroom on the first day of the extradition trial for Huawei Technologies Chief Financial Officer Meng Wanzhou on January 20, 2020 in Vancouver, Canada. The United States government accused Wanzhou of fraud after HSBC continued trade with Iran while sanctions were in place. Jeff Vinnick /Getty Images North America

VANCOUVER, BC – JANUARY 20: Huawei Technologies Chief Financial Officer Meng Wanzhou is escorted by her security personnel as she leaves court during a break for lunch on the first day of her extradition trial on January 20, 2020 in Vancouver, Canada. The United States government accused Wanzhou of fraud after HSBC continued trade with Iran while sanctions were in place. Jeff Vinnick /Getty Images North America

VANCOUVER, BC – JANUARY 20: Huawei Technologies Chief Financial Officer Meng Wanzhou leaves her house on her way to a court appearance on the first day of her extradition trial on January 20, 2020 in Vancouver, Canada. The United States government accused Wanzhou of fraud after HSBC continued trade with Iran while sanctions were in place. Jeff Vinnick /Getty Images North America

VANCOUVER, BC – JANUARY 20: Huawei Technologies Chief Financial Officer Meng Wanzhou exits her vehicle as she arrives at her court appearance on the first day of her extradition trial on January 20, 2020 in Vancouver, Canada. The United States government accused Wanzhou of fraud after HSBC continued trade with Iran while sanctions were in place. Jeff Vinnick /Getty Images North America

VANCOUVER, BC – JANUARY 20: Supporters of Huawei Technologies Chief Financial Officer Meng Wanzhou stand outside the courthouse as she arrives at her court appearance on the first day of her extradition trial on January 20, 2020 in Vancouver, Canada. The United States government accused Wanzhou of fraud after HSBC continued trade with Iran while sanctions were in place. Jeff Vinnick /Getty Images North America

VANCOUVER, BC – JANUARY 20: Huawei Technologies Chief Financial Officer Meng Wanzhou wears a GPS ankle bracelet as she exits her vehicle as she arrives at her court appearance on the first day of her extradition trial on January 20, 2020 in Vancouver, Canada. The United States government accused Wanzhou of fraud after HSBC continued trade with Iran while sanctions were in place. Jeff Vinnick /Getty Images North America

Peck said that his submissions would be followed by arguments from other members of Meng’s defence team that are expected to conclude by Tuesday.

Lawyers for the federal Crown, which is acting on behalf of U.S. authorities, are expected to begin their submissions on Wednesday and finish by Thursday. The judge will then likely reserve her judgement for several months

If Meng wins the double criminality issue, the case against her is over although the Crown would be able to appeal.

If Meng loses the argument, the case proceeds to the next stage, an allegation that Canadian authorities engaged in an abuse of process during Meng’s arrest at the Vancouver airport in December 2018.

Huawei executive Meng Wanzhou leaves her home for the first day of her extradition hearing in Vancouver, BC., January 20, 2020. NICK PROCAYLO / PNG

The hearing opened with arguments from Richard Peck, a Vancouver lawyer who is representing Meng.

Peck told the judge that he would provide an overview of the extradition double criminality issue that is being addressed in the first step of the proceedings.

He said for the purpose of the submissions, Meng would accept the allegations outlined against the Huawei executive by the federal Crown.

The allegation against Meng is that she committed fraud against a bank in connection with a bid to circumvent United States trade sanctions against Iran.

Peck told the judge that the hearing would not be happening without the U.S. sanctions, noting that Canada has no such sanctions.

He said it was an “artifice” for the Crown to say the essence of the case was banking fraud.

Huawei released this media statement on its social media channels:

“Huawei has consistently stated, as the case is before the court, it is inappropriate for us to give specific comments on the ongoing legal proceeding. We trust in Canada’s judicial system, which will prove Ms. Meng’s innocence. Huawei stands with Ms. Meng in her pursuit for justice and freedom.”

Meng is given permission by Associate Chief Justice Heather Holmes to move from the prisoner’s dock to a desk directly behind her lawyers to enhance her ability to get a Mandarin translation of the proceedings.

The judge then formally opened the extradition hearing.

Meng is seated in the prisoner’s dock, examining a document in her hands. Her team of lawyers is seated just in front of her.

Wearing a black coat over a printed black dress with her electronic ankle bracelet on display, Meng arrived at the Vancouver courthouse accompanied by several members of her security detail and was escorted into the Vancouver courtroom.

She was wearing a pair of Manolo Blahnik-designed black satin jewelled pumps that retail for nearly $1,200.

Meanwhile, a long lineup of reporters and members of the general public were still waiting for the sheriffs to allow them into the courtroom for the extradition hearing, which was scheduled to begin at 10 a.m.

The hearing is being held in the high-security courtroom built for the Air India trial. The courtroom was packed with only standing room available.

At issue at this week’s hearing is the legal test of double criminality, meaning if the allegations are also a crime in Canada then Meng should be extradited to the United States.

Meng is accused of lying to a bank about a Huawei subsidiary’s business in Iran, putting the financial institution at risk of violating U.S. sanctions against the country.

Her lawyers have argued that the allegations do not amount to fraud and Canada does not have similar sanctions against Iran.

Meng, who’s free on bail and living in one of her two multimillion-dollar homes in Vancouver, denies the allegations.

If the B.C. Supreme Court judge decides the legal test has not been met, Meng will be free to leave Canada, though she’ll still have to stay out of the U.S. to avoid the charges.

If the judge finds there is double criminality, the hearing will proceed to a second phase.

That phase, scheduled for June, will consider defence allegations that Meng’s rights were violated during her arrest at Vancouver’s airport.

China has detained two Canadians and restricted some imports including canola, moves that are widely seen as retaliation for Meng’s arrest.

A crowd of onlookers, Meng supporters and international media started gathering outside the Vancouver courthouse early Monday morning. Adam Foster/PNG

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