The primary part of battle over whether or not Huawei Chief Monetary Officer Meng Wanzhou must be extradited to the US wrapped up on Thursday after 4 days, with legal professionals for Meng difficult prosecution claims that her alleged actions are a criminal offense in Canada. In a Vancouver courtroom, legal professionals for Meng opposed the Canadian prosecutor’s arguments saying her alleged actions should not a criminal offense in Canada as a result of the fees of financial institution fraud are depending on violating US sanctions towards Iran. Canada had no sanctions towards Iran when the extradition course of started.
The choose mentioned she would reserve her choice for a later date. Attorneys related to the case count on a written judgement earlier than April 27, when Meng is ready to name proof associated to her arrest, which she alleges was improperly performed.
On Thursday, of their closing arguments Meng’s lawyer, Scott Fenton, instructed the choose that the US request to extradite Meng is “all and solely about sanctions threat.”
Fenton mentioned that to aspect with the prosecution, and permit Meng to be extradited, could be a humiliation to the Canadian judicial system.
“The court docket is being embarrassed. There may be no fraud right here as a result of all threat to HSBC is predicated on underlying sanctions threat which can’t exist in Canada,” he instructed the choose.
America has charged Meng with financial institution fraud, and accused her of deceptive HSBC Holdings about Huawei Applied sciences’ enterprise in Iran.
Courtroom proceedings present the US issued the arrest warrant, which Canada acted on in December 2018, as a result of it believes Meng coated up makes an attempt by Huawei-linked corporations to promote gear to Iran, breaking US sanctions towards the nation.
However Meng’s authorized group argued that “double criminality,” is the central difficulty on this case. Underneath Canadian extradition legal guidelines, an individual can solely be extradited if the offence they’re alleged to have dedicated abroad can be thought of unlawful in Canada. That is generally known as “double criminality.”
In contrast to the US, Canada didn’t have sanctions towards Iran on the time Canadian officers approved the beginning of the extradition course of, her legal professionals have mentioned.
If the choose finds that double criminality has not been met, then Meng could be free. Nevertheless, the prosecution may instantly attraction the choice. Authorized consultants have mentioned it may very well be years earlier than a closing choice is reached because of appeals.
Meng has mentioned she is harmless and is combating extradition. She entered court docket sporting a white polka dot costume with a long-sleeved black high and stiletto heels that she has typically favoured in the course of the trial.
Meng’s legal professionals acknowledge that between 2011 and 2016, Canada had financial sanctions towards Iran, however that on the time the US requested Meng for extradition, Canada had already executed away with sanctions towards Iran, “together with the remainder of the civilized world.”
The case is subsequently inherently political as a result of it’s about whether or not Canada imports the US sanctions regulation — a “political regulation” — and applies it to an extradition request, mentioned Richard Peck, one among Meng’s legal professionals.
On Wednesday, prosecutors argued that Meng must be extradited on fraud prices, and that opposite to her defence argument, the case is just not solely about violation of US sanctions towards Iran. They argued that the choose’s job was to “be certain that Canada does not develop into a protected haven for fraudsters.”
Meng, the daughter of Huawei’s billionaire founder Ren Zhengfei, stays free on bail in Canada, and has been dwelling in a mansion in Vancouver’s unique Shaughnessy neighbourhood.
Meng’s authorized group is at present solely scheduled to name proof within the final week of April, and a second part of the trial, focussing on abuse of course of and whether or not Canadian officers adopted the regulation whereas arresting Meng, is ready to start in June. Closing arguments are anticipated within the final week of September and first week of October.
© Thomson Reuters 2020