VANCOUVER (NEWS 1130) – The Crown is continuing its push to restrict the freedoms of a Surrey couple whose terror conviction was overturned by a judge in July. But the lawyers for that couple argue that a peace bond is inappropriate for their clients, who they claim, pose no threat.
Part of the argument John Nuttall and Amanda Korody’s lawyers will make is that evidence from the previous court case cannot be used in this application for a peace bond.
“Given all of the [judge’s] findings [of entrapment], to have another hearing, where we play the same wiretap and hear from the same witnesses about what happened in the Mr. Big [undercover sting operation] — we say that’s legally wrong,” says Nuttall’s lawyer Marilyn Sandford. “This court is bound by the findings that the other court has made. [The Crown] doesn’t get a second kick at it this way.”
Korody’s lawyer Mark Jette says a bail supervisor is also playing an inappropriate role, and until recently was interviewing the couple daily in Victoria. “What they are — they’re more in the nature of interviews, almost crossing the line into interrogations by somebody who would normally just be checking up to see if you’re okay, and making sure that you’re complying with your bail conditions,” says Jette.
Nuttall and Korody are out on bail and are in Victoria. This, after they were arrested and released as the Crown attempts to secure a peace bond.
Lawyers for the couple and the Crown will debate this issue formally in January.