According to CCTV news client on August 18, local time on the morning of 17, the British Columbia High Court in Vancouver again opened a hearing on the defense application involving procedural abuse in the extradition case of Meng Wanzhou. This is the first trial of the case after it has entered the stage of procedural abuse of defense. Ms. Meng did not appear in court that day, but participated in the hearing process by telephone at home.
the court hearing is divided into two stages: public hearing and closed hearing, which is expected to last five days. The judge will listen to the opinions of both the prosecution and the defense and amicus curiae, and decide whether to further disclose the evidence related to the arrest of Meng Wanzhou by the relevant departments of Canada and the United States. Among them, the first two days are mainly debates between the prosecution and the defense, and the last three days are the third-party lawyers appointed by the court as “Friends of the court” to provide professional advice on whether to continue to disclose evidence.
the court’s trial of Meng Wanzhou’s extradition case mainly revolves around the three reasons proposed by the defense lawyer, namely, Meng Wanzhou’s lawyer, to terminate the extradition procedure, namely, whether there is dual crime, whether the procedure is abused, and whether the evidence provided by the United States for extradition is sufficient. Among them, the trial of dual crime, the first defense reason, was delivered on May 27. The judge considered that it was in line with dual crime, so the extradition procedure could not be terminated. At present, the trial is on the second defense, that is, whether the United States and Canada have abused the judicial process.
in December 2019, the trial judge Holmes of this case agreed to the application made by Meng Wanzhou’s lawyer, requiring the Canadian government to publicly arrest Meng Wanzhou, and the relevant documents in the process of planning and communicating the arrest between the relevant departments of Canada and the United States before and after the arrest. After some documents were released, it was proved that when Meng Wanzhou was arrested at the Vancouver Airport, the Canadian border service used the name of customs inspection to illegally detain, search and interrogate her, and transmitted the information illegally collected to the FBI. Although the Canadian government has made public relevant documents according to the judge’s judgment, a large number of contents have been covered up in some open documents on the grounds of sensitive information and endangering national security, which leads to the fact that the truth has not been fully restored.
Meng Wanzhou’s lawyer’s application disclosed the content of the covered part. This application is based on the judge’s judgment in December 2019. If the covered content is made public, it will further reveal what kind of infringement on the Charter rights of Meng Wanzhou was committed by American and Canadian government officials in the process of arresting Meng Wanzhou. According to the information that has been made public at present, the arrest operation jointly planned by Canada and the United States was controlled by the law enforcement department of the United States to arrest Meng Wanzhou, and the illegal detention and interrogation were covered up as customs inspection. This practice is an abuse of judicial procedures.
the judge said in his judgment in December 2019 that the United States improperly tried to use the Meng Wanzhou extradition case to obtain economic and political benefits. At the same time, the judge held that the existing evidence could not explain why the Canadian border service “mistakenly” passed the password of the electronic equipment obtained from Meng Wanzhou to the RCMP, and the RCMP wrongly transmitted the serial number and other information of Meng Wanzhou’s electronic equipment to the FBI.
Huawei said in a statement that further disclosure of the information covered in the documents is conducive to a fair, fair and open hearing of the case. At the same time, the disclosure of relevant evidence to the media and the public is conducive to maintaining the authority of the Canadian judicial system.
it is understood that the court will hold a trial in February and April 2021 on two applications for termination of extradition proceedings, namely, abuse of procedure and sufficiency of evidence. No matter which reason the judge agrees with, it will decide to terminate the extradition process and release Meng Wanzhou immediately.
according to the extradition request issued by the Department of justice of the United States, the Canadian law enforcement agency arrested Meng Wanzhou during her transfer at Vancouver International Airport on December 1, 2018, and has been detained up to now.