Former RCMP officer Bill Majcher did not commit a crime when he wrote an email to a colleague about a fugitive China wanted repatriated, his lawyer told the trial on Monday. Defence lawyer Ian Donaldson argued that the prosecution's case is 'purely circumstantial' and fails to prove guilt beyond a reasonable doubt.
Defence Challenges Intent
In closing arguments before B.C. Supreme Court Justice Martha Devlin, Donaldson asserted that the prosecutor did not demonstrate Majcher had the legally required 'fixed and settled' intent to commit the offence under the Security of Information Act. Majcher has pleaded not guilty to taking 'preparatory acts' to help China return Kevin Sun and his assets.
Background on Kevin Sun
China accuses Sun of leaving the country with $124 million stolen from a state bank where he worked. He arrived in Canada in 2001, became a permanent resident, and invested heavily in Vancouver real estate, according to trial testimony. Chinese authorities have sought his return, but earlier RCMP testimony indicated that attempts to gain RCMP assistance failed in 2017-18 because the RCMP insisted on respecting Canadian principles and Charter rights during interviews.
The Email Evidence
Prosecutor Ryan Carrier highlighted a 2017 email from Majcher to a colleague, in which Majcher discussed using 'the threat of arrest and extradition to the (People's Republic of China) to impress upon the crook that we hold the keys to his future.' The email also stated that if the target cooperated, 'we can guarantee him his passport and no jail time,' and if not, 'there will be extradition.' Carrier argued this showed Majcher was preparing to carry out Chinese police actions on Canadian soil without proper safeguards.
Defence Rebuttal
Donaldson, who presented no evidence on Majcher's behalf, argued that the prosecution must prove Majcher actually intended to carry out the actions described in the email. He noted that no evidence was introduced about whether Majcher acted on those plans, which is necessary to establish the required intent for a conviction. The case continues.
