Defence’s bid for CSIS information may delay terrorism trial

The end of a Surrey couple’s terrorism trial is at risk of being seriously delayed because their lawyers are demanding disclosure from the Canadian Security Intelligence Service, The Sun has learned.

Although John Nuttall and Amanda Korody have been found guilty on two terrorism charges, they have yet to be formally convicted of plotting to murder and maim by planting explosive devices at the Legislature for 2013 Canada Day celebrations.

The second phase of their B.C. Supreme Court trial — at which the judge considers whether the RCMP acted improperly and entrapped the pair — was scheduled to begin in July.

However, defence lawyers have applied for the disclosure of information in possession of the national security agency and claim material provided by CSIS to the RCMP was not disclosed as legally required.

The Sun has not had access to the application as it contains a discussion of what was in the Crown’s official disclosure (including a binder of disclosure documents) and much material that was not entered in evidence before the jury.

Recent converts to Islam, Nuttall, 40, and Korody, 32, were living on welfare in a Metro Vancouver basement suite when they were targeted by the Mounties in a sophisticated sting that involved some 240 officers.

The force said in a press release at the time of the arrests that the investigation, dubbed Project Souvenir, was “initiated with information from the Canadian Security Intelligence Service.”

An RCMP-led Integrated National Security Enforcement Team co-ordinated the ensuing five-month-long ruse that ended with the couple’s arrest.

But the trial heard no evidence of the spy agency’s involvement or why the Mounties decided to focus on the lonely, recovering heroin addicts with mental health issues.

A key element in entrapment proceedings, though, is how and why police identified Nuttall and Korody as threats to public safety requiring a Mr. Big-style undercover operation.

During the trial, the court heard Nuttall had angered people in local Mosques who complained about his extremist views and his behaviour.

A Crown prosecutor said they would respond to the application and CSIS, which is independent of the Public Prosecution Service, would likely respond with its own lawyers.

Justice Catherine Bruce set aside Monday for arguments about the application.

The force said in a press release at the time of the arrests that the investigation, dubbed Project Souvenir, was ‘initiated with information from the Canadian Security Intelligence Service.’

RIOT COST UPDATE: After reporting the exorbitant average prosecution cost of $15,000 per 2011 Vancouver Stanley Cup riot case, even though the vast bulk were nothing more than guilty pleas, I wondered what the legal aid bill was.

In total, the B.C. Legal Services Society spent $178,740 for the 81 cases funded — an average of only $2,207 per case!