(Rewrites throughout with Wednesday's court proceedings)
By Evan Duggan
VANCOUVER, Oct 2 (Reuters) - Any errors in the arrest of
Huawei Technologies Co Ltd's Chief Financial Officer
Meng Wanzhou in Canada last December were technical in nature
and do not meet the requirements to suspend her extradition
proceedings to the United States, government lawyers said in
court on Wednesday.
Meng, 47, is charged in the United States with bank fraud
and she is accused of misleading HSBC Holdings PLC bank
about Huawei's business in Iran, which is under U.S. sanctions.
Meng has said she is innocent and is fighting extradition.
Lawyers for Canada's attorney general wrapped up their oral
arguments on behalf of the United States in a British Columbia
courtroom on Wednesday. Meng's lawyers, who made their initial
arguments last week, are set to return to court on Thursday to
present their response.
Meng's lawyers are demanding emails, notes and other records
from the Canadian government, arguing that they would support
their case that Meng's rights were violated before her arrest at
a Vancouver airport on Dec. 1 at the request of the United
States.
If Canadian officials abused their authority, her lawyers
say, the extradition proceedings should be halted.
Meng's defense, in their application for additional
disclosure, have tried to create a narrative of a grand
conspiracy, public prosecutor John Gibb-Carsley said in court.
"Never let the truth get in the way of a good story," he
added.
Gibb-Carsley said communications on Nov. 30 between members
of the Royal Canadian Mounted Police (RCMP) show there was no
plan of action involving the Canadian Border Services Agency
(CBSA) until the following day.
"In order to have a conspiracy, you need to have
conspirators,” Gibb-Carsley said. "You need to have a meeting of
the minds."
In a document submitted to the court, CBSA admitted making
an "error" while sharing passcodes of phones belonging to Meng
with Canadian federal police.
The passcodes were provided in error and could not be
"disclosed as evidence nor used to access any of Meng's
devices," according to the document.
It says that the RCMP confirmed that they did not access the
devices, and do not intend to access the devices at any time as
it was "not their investigation."
British Columbia Supreme Court judge Heather J. Holmes
quizzed government lawyers on why Canadian border guards would
seize and seal Meng's phones in advance of her arrest without
reviewing the contents of the phones.
Meng attended court, taking notes continuously while seated
next to an interpreter.
Gibb-Carsley said the CBSA had the authority to seize Meng's
devices and seal them in mylar bags to protect them from remote
wiping, but the border guards did not examine the contents of
the phones before providing them to RCMP arresting officers.
He also said the additional disclosure that Meng's defense
is seeking would not help their case and would only complicate
the process.
Meng's lawyers argued last week that RCMP's plans changed
for her arrest after a meeting between border and police
officials, although the reasons for the change were not clear
and, they said, resulted in Meng's constitutional rights being
violated.
Gibb-Carsley said the RCMP had the right to delay arresting
Meng until after she was questioned by CBSA upon her arrival at
Vancouver’s airport.
The extradition proceeding itself is scheduled to begin in
January and experts say legal wrangling could go on for years.
(Reporting by Evan Duggan in Vancouver; Writing by Denny
Thomas; Editing by Giles Elgood and Grant McCool)