Bail hearing of Huawei exec focuses on husband’s status
Lawyer proposes bracelet monitor for telecom official
VANCOUVER— In an unusual move, a lawyer for the detained executive of a Chinese telecommunications giant brought an electronic monitoring bracelet to a Vancouver court as he argued for his client’s freedom.
Monday’s hearing centred on proposed bail conditions for Huawei’s Meng Wanzhou, including travel restrictions, GPS monitoring and roundthe-clock surveillance by a security detail made up of former military and police officers. The main point of contention was whether her husband — who is not a Canadian resident — could act as surety for her bail. The defence argued Liu Xiaozong would be the “community surety” against her leaving the country if she is released to await a hearing for extradition to the United States. But the Crown lawyer opposed the idea, saying “if Ms Meng were to flee … Mr. Liu would not be left behind.”
As the court later heard, the bracelet can be easily removed with scissors, and the system proposed to keep tabs on Meng runs on the Rogers 3G network — and Rogers has a distribution partnership with Huawei.
Meng, Huawei Telecommunications’ chief financial officer, was arrested while transferring planes in Vancouver on Dec. 1 over allegations of violating U.S. sanctions on Iran and misleading financial institutions. The arrest, carried out at the request of authorities in the United States, has infuriated the Chinese government and worsened pre-existing tensions between the two global heavyweights.
Meng arrived at B.C. Supreme Court shortly after 10 a.m. Her husband sat in the audience, flanked by members of their entourage.
Defence lawyer David Martin introduced two expert witnesses to weigh in on surveillance and electronic monitoring measures as part of a bail package. Martin said his client would foot the bill for any such services.
First to take the stand was Scot Filer, an RCMP veteran with three decades of experience and the CEO of Lions Gate Risk Management Group, one of two security firms proposed by Martin to undertake Meng’s surveillance.
The majority of the Lions Gate personnel are ex-military and ex-police, according to Filer, and the company has 12 fulltime staff for “executive protection services.”
“Our responsibility would be to enforce the conditions of release imposed by the court,” Filer told the judge, adding he and his staff could make a citizen’s arrest if necessary. Lions Gate COO Doug Maynard would head up the team, with rotating pairs of security guards on eight-hour shifts, 24 hours a day.
The Crown asked Filer whether his company had previously monitored a person on bail, and he said no.
The court then heard from Stephen Tan, co-founder and director of operations for Re- covery Science Corp., a company that specializes in electronic monitoring technologies. The company uses a GPS chip in concert with a SIM card to provide minute-by-minute updates on a subject’s whereabouts.
Asked whether a subject had ever escaped while being monitored by Recovery Science, Tan replied, “Yes. One.”
Tan noted the wearable tracking device can be removed with scissors. This would trigger an alert, he said, adding the device uses the Rogers 3G network.
Rogers currently distributes Huawei products through its retail sales network in Canada and has a partnership through its media properties to “build awareness” of the Huawei brand, according to a 2017 statement on Huawei’s website. In a statement submitted to StarMetro last week, Rogers declined to comment on Meng’s arrest.
Meng’s lawyer said his client was a woman of character and, if released on bail, it’s “inconceivable” she would throw away her life’s work by failing to comply with court orders.
Meng’s husband agreed to be her community surety and pledged a large cash deposit and the two Vancouver homes in his name as further surety, Martin said. But Martin admitted he was unsure of Liu’s immigration status and faced questions regarding what assurance could be given that Liu would remain by his wife’s side in Canada, as promised.
In response, Martin pointed to a detailed affidavit submitted by Liu in support of his pledge, including documentation of his passport, titles and equity in his homes. Liu’s passport, however, has a visa that expires on Feb. 6.
The U.S. has not yet formally made an extradition request, noted the presiding judge, Justice William Ehrcke. U.S. authorities have a 60-day window to issue such a request and could theoretically choose not to issue one at all, he said. The reality must be considered, Ehrcke added, that in the event of an extradition hearing, proceedings could go on for months or even years.
Crown prosecutor John GibbCarsley took issue with Liu’s offer to act as Meng’s surety, saying the husband has a “lack of connection to this jurisdiction.”
The prosecutor pointed out Meng’s permanent resident card expired nine years ago, while her B.C. identification card expired 12 years ago. And her defence includes no letters of reference from Canadians, he added. This, he said, proves Meng has no meaningful connection to Canada. The Crown emphasized Meng’s liability as a flight risk, and the judge suggested he understood the argument that should surveillance fail, Meng was positioned to exploit that failure more successfully than the average person.
If Meng were allowed bail, he added, he would prefer she be on house arrest 24 hours a day, rather than under electronic monitoring in restricted geographic zones as suggested by the defence.
The Crown argued Friday that Meng’s vast wealth means no surety or bail amount would deter her from fleeing to China should bail be granted. Meng’s defence argued her familial and economic ties to the city — as well as the reputation of her family — means she poses no flight risk.
The judge ended Monday’s hearing noting he had more questions regarding whether Liu could reliably act as surety for his wife.
Meng’s bail hearing will continue Tuesday.