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Meng Wanzhou’s lawyers say U.S. extradition case filled with gaps, is ‘fatally fallacious’

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Meng Wanzhou’s lawyers say U.S. extradition case filled with gaps, is ‘fatally fallacious’

The United States has presented a “fatally fallacious” case in opposition to Meng Wanzhou that is riddled with evidentiary gaps and doesn’t meet the threshold for extradition, one of many Huawei executive’s lawyers stated Friday.

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Eric Gottardi started the defence crew’s response in B.C. Supreme Court docket to a request by the US that the senior Chinese language telecom executive be extradited to face costs of fraud in a New York court.

Meng is accused of misrepresenting Huawei’s relationship with tech instruments company Skycom in a 2013 presentation to HSBC, placing the bank at risk of violating U.S. sanctions in opposition to Iran.

But Gottardi told the make a decision that the US, which is represented by lawyers for Canada’s attorney well-liked in court, didn’t blueprint particular precisely how Meng’s actions amount to fraud.

Both Meng and Huawei recount the costs.

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“The alleged deception is ambiguous at most attention-grabbing and the risk of industrial loss to the alleged victim, HSBC, is wholly illusory,” Gottardi told the make a decision.

“One in all the pieces that makes this case so extraordinary is the issue in pinning down precisely what risk is alleged by the asking for dispute to blueprint the basis of the fraud.”

Meng’s long-awaited extradition listening to is unfolding virtually three years after her arrest at Vancouver’s airport in December 2018 soured Canada’s relationship with China.

Canadians Michael Kovrig and Michael Spavor had been arrested days after Meng in what has widely been seen as retaliation, and Top Minister Justin Trudeau has pledged to proceed combating for his or her launch.


Click to play video: 'Lawyers argue for stay as extradition hearing starts for Meng Wanzhou'



Lawyers argue for take care of as extradition listening to begins for Meng Wanzhou


Lawyers argue for take care of as extradition listening to begins for Meng Wanzhou

On Friday, Meng’s crew of star lawyers took just at government lawyers’ claims that Meng’s presentation used to be an suave and intentional effort to distance Huawei from Skycom and reassure the bank that it used to be protected from any sanction-connected risk.

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Executive attorney Robert Frater has argued Meng known as the meeting after Reuters articles alleged Skycom tried to sell Hewlett-Packard instruments in Iran, raising sanctions concerns at the bank.

Frater told the court HSBC used to be entitled to appropriate and forthright recordsdata about its customers in uncover to blueprint decisions about the financial companies and products it offered nonetheless used to be denied that staunch by Meng’s deception. Because of this, he stated HSBC suffered risks of deprivation — a most predominant issue of fraud — that incorporated doable financial loss, reputational injury and penalties.

Gottardi rejected that characterization and accused Frater of presenting “vague and animated theories” about the risks the bank confronted.

As a replacement, he stated Meng’s presentation used to be fully staunch and there is not a “scintilla” of proof linking it to any decision HSBC made which would possibly perchance presumably presumably possess put it at risk of civil or felony liability.

Frank Addario, one other of Meng’s lawyers, stated that the US account of the case, upon which Canada relied to arrest Meng, contains “zero proof” that either Skycom or Huawei violated sanctions.


Click to play video: 'Spavor eager to return home after China sentences Canadian to prison, orders deportation'



Spavor fervent to return dwelling after China sentences Canadian to prison, orders deportation


Spavor fervent to return dwelling after China sentences Canadian to prison, orders deportation

Court docket documents from the defence say Skycom made payments from its Chinese language bank yarn to British firm Networkers’ HSBC U.Okay. bank yarn, and HSBC cleared those payments thru a U.S. subsidiary.

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If HSBC violated sanctions by clearing payments thru the US, that used to be on the bank and not on Meng, the lawyers argued.

“It is not an offence to send non-connected payments from a bank in China to a bank within the U.Okay., which is all that Skycom did. It used to be HSBC’s alternative how one can particular the payments,” Gottardi stated.

Eight years after the presentation, the risk of prosecution or civil penalty for HSBC has not materialized, he added.


Click to play video: 'Meng Wanzhou’s lawyers call for stay in proceedings'



Meng Wanzhou’s lawyers demand take care of in proceedings


Meng Wanzhou’s lawyers demand take care of in proceedings

The court has heard that an extradition case is not a trial, and the position of the make a decision is small to figuring out whether or not the asking for dispute has presented sufficient proof to make stronger a case for a probable discovering of guilt.

Executive lawyers possess many occasions warned Partner Chief Justice Heather Holmes that she would dart past her job description if she started weighing competing inferences, which falls within the jurisdiction of a trial.

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But Gottardi also told Holmes her job goes past rubber-stamping the extradition request and she’s liable for figuring out whether or not sufficient proof has been presented to make stronger a plausible case in opposition to Meng.

“Evidentiary sufficiency can’t be assessed within the abstract.”

© 2021 The Canadian Press

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Meng Wanzhou’s lawyers say U.S. extradition case filled with gaps, is ‘fatally fallacious’