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Huawei's Meng back in Canadian court to fight extradition to US
By David BALL
Vancouver (AFP) Oct 26, 2020

Huawei executive Meng Wanzhou returned to a Canadian court Monday to fight extradition to the United States, with her lawyers expected to question federal police and border agents about the way she was detained.

The Chinese telecom giant's chief financial officer was arrested on a US warrant in December 2018 during a stopover in Vancouver.

She is charged with bank fraud related to violations of US sanctions against Iran.

Meng arrived at court flanked by security guards and wearing a navy blue sweater over a white shirt and gray slacks, her ankle monitor visible as it has been in previous hearings.

She appeared largely expressionless she greeted reporters, although her face was partially obscured by a coronavirus mask.

Five days of evidentiary hearings are set for this week before British Columbia Supreme Court Justice Heather Holmes.

Meng's lawyers will seek to convince Holmes that Canadian federal police and border agents violated her rights in questioning her and searching her devices in the three hours after she disembarked from the Hong Kong flight but before her arrest.

And they will say seizing and turning over the contents of her electronic devices, including her phone and laptop, to the FBI was itself a violation of Canada's Charter of Rights and Freedoms.

Meng's lawyers allege that Canadian and US authorities "conspired together to delay Meng's arrest and tried to obtain information that would help US authorities prosecute her on fraud charges."

Royal Canadian Mounted Police and Canada Border Services Agency officers involved in her arrest will be questioned by the defense about what transpired at the airport. More expert witnesses could be called to testify on Meng's behalf in late November.

- Search and interrogation -

Arguments of "unlawful detention, search and interrogation" have been raised before as part of a failed bid by the defense to access classified documents and emails between officials.

The defense had hoped to find proof in them of an alleged conspiracy to interrogate Meng and collect evidence to use at her US trial, in violation of her rights.

If proven, the allegations could result in a stay of the extradition proceedings.

Earlier this month, Holmes rejected a defense bid for access to all but one of hundreds of government documents, citing legal privilege.

"The attorney general of Canada doesn't accept there was any conspiracy to deprive Ms. Meng of her rights," senior government lawyer Robert Frater said in July.

"We do not accept there was any violation of Ms. Meng's rights."

After this round, the defense is expected to argue at hearings next year that US President Donald Trump "poisoned" her chance at a fair trial when he said shortly after her arrest that he might exchange Meng for trade concessions from China.

The case is scheduled to wrap up in April 2021.

Canadian policeman describes arresting Huawei exec Meng
Vancouver (AFP) Oct 26, 2020 - A Canadian police officer testified Monday about his arrest of Huawei executive Meng Wanzhou on a US extradition warrant, revealing that Washington had requested that data on her phone and laptop be secured so that it could not be "erased remotely."

Royal Canadian Mounted Police Constable Winston Yep -- the first witness to testify in the extradition case -- arrested the Chinese telecom giant's chief financial officer in December 2018 during a stopover in Vancouver.

She is charged with bank fraud related to violations of US sanctions against Iran.

Yep told the British Columbia Supreme Court he'd received a request to detain Meng the day before her flight from Hong Kong and it had been decided in advance that she would be arrested after disembarking.

"We talked about going on the plane... and didn't think it was a good idea because of officer safety and public safety," Yep said.

He recalled that US authorities had specifically instructed their Canadian counterparts to seize her electronic devices and place them in a "Faraday bag" designed to block any wireless transmissions in order to prevent "data from being erased remotely."

The constable testified that he "didn't know too much about" Meng or Huawei prior to her arrival in Canada.

Because she was a "high-profile person," he added, his supervisor showed up at the airport to make sure nothing went wrong.

- 'Poisoned' -

Meng's lawyers requested this week's evidentiary hearing to try to convince Justice Heather Holmes that Canadian federal police and border agents violated Meng's rights in questioning her and searching her devices in the three hours after she disembarked from the Hong Kong flight but before her arrest.

Over the coming week, they will also say that seizing and turning over the contents of her electronic devices to the FBI was itself a violation of Canada's Charter of Rights and Freedoms.

In court filings, Meng's lawyers alleged that Canadian and US authorities "conspired together to delay Meng's arrest and tried to obtain information that would help US authorities prosecute her on fraud charges."

If proven, the allegations could result in a stay of the extradition proceedings.

Canadian justice department lawyers have countered that Meng's rights were never violated nor was there any conspiracy with the US to deprive her of her rights.

Canada Border Services Agency officers will also testify this week about what transpired at the Vancouver airport.

After this round, the defense is expected to argue at hearings in February that US President Donald Trump "poisoned" her chance at a fair trial when he said shortly after her arrest that he might exchange Meng for trade concessions from China.

The case is scheduled to wrap up in April 2021.


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China warns Swedish firms of tit-for-tat action after Huawei ban
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China on Wednesday told Sweden to reverse a ban on Chinese tech firms from its 5G network, warning of "negative impacts" if it did not. The Swedish telecoms regulator issued a ban on Tuesday that would require carriers to remove existing Huawei and ZTE equipment by 2025, citing national security concerns. Chinese telecoms companies have faced bans and heightened scrutiny in recent months over fears Beijing could use their overseas deals to spy on foreign citizens. That has provoked a furious ... read more

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