Huawei: Huawei CFO's lawyer accuses Canadian police supervisor of cover-up
- by Nick Cohen
- in Industry
- — Nov 30, 2020
Meng's lawyers claim the Federal Bureau of Investigation coordinated with the RCMP and the CBSA to have customs officers use their extraordinary powers to question Meng without a lawyer for three hours before she was arrested and informed of her rights and the charges against her. Her phones were placed in special bags to prevent remote erasure and her electronics were handed to RCMP upon her arrest, court has heard.
His lawyers allege that Canadian and U.S. authorities conspired to use the CBSA's additional investigative powers to question Meng without a lawyer present.
Meng has said she is innocent and is fighting the extradition while under house arrest in Vancouver.
Despite her reservations, Vander Graaf said she passed on the suggestion to RCMP Constable Gurvinder Dhaliwal the day before Meng's arrest.
Chang, who has since retired from the RCMP, has refused to testify.
Meng's defense lawyer Scott Fenton pointed to a sworn statement from 2019 where Royal Canadian Mounted Police (RCMP) Sergeant Janice Vander Graaf said she didn't have a recollection of events related to serial numbers of Meng's electronic devices, beyond what was recorded in her notes.
"I didn't think there was an emergency situation that necessitated the RCMP going on to the plane", she told the British Columbia Supreme Court. They further claim that the RCMP passed on the identifying details of Meng's electronic devices to U.S. authorities, in violation of his civil rights.
Lundie, an officer with national security experience based at the airport, said he believed it was important to keep CBSA in the loop because he understood they had their own mandate and responsibilities.
Constable Gurvinder Dhaliwal told a Canadian court that he and his partner were "discreet" about their contact with Canadian border officials on the eve of Meng's arrest on December 1, 2018.
He asked Vander Graaf to explain the difference in her memory.
The documents would have made her aware she was entitled to a lawyer.
"I don't know what they told Ms. Meng.We didn't tell them what to tell her, or what not to tell her", she said.
Officers with the CBSA testified last week that their questioning of Meng, daughter of Huawei founder Ren Zhengfei, followed standard procedures and was separate from any action by law enforcement.
Friday marked the end of the second of three legs of witness testimony during which defense lawyers attempted to show that enough abuses of process took place during Meng's detainment by Canadian authorities to invalidate the extradition.
Meng's lawyers have argued that the FBI conspired with the CBSA and the Canadian federal police at the time of her arrest to mount a "covert criminal investigation".
The testimony will be used as evidence at a hearing next spring at which the defence is hoping to convince Associate Chief Justice Heather Holmes that the extradition proceedings should be stayed because of alleged violations of Meng's rights.
Canadian prime minister Justin Trudeau earlier this month held firm that Canada would not bow to pressure to release Meng following fresh anger from Beijing.
Two Canadians - former diplomat Michael Kovrig and businessman Michael Spavor - were also arrested in China on spying charges shortly after Meng was detained, worsening relations between the countries.