Prosecution Abruptly Closes Case Against Ex-RCMP Officer Accused of Aiding China
In a stunning courtroom development, federal prosecutors have unexpectedly closed their case against former RCMP officer William Majcher, who stands accused of planning to assist the Chinese government in repatriating a Canadian permanent resident. The surprise move came on Wednesday morning, just six minutes after court convened at the British Columbia Supreme Court in Vancouver.
Unexpected Conclusion to Prosecution's Argument
Federal prosecutor Charles Hough informed Justice Martha Devlin that the Crown was concluding its presentation, shocking observers in the packed public gallery. The judge-alone trial, which began on Monday, centers on allegations that Majcher violated Canada's Security of Information Act by planning to help Chinese authorities repatriate Hongwei (Kevin) Sun, a permanent Canadian resident since 2001.
Beijing had identified Sun as a suspect in fraud crimes allegedly involving hundreds of millions of dollars and claimed he had made substantial investments in Vancouver real estate. Through Interpol, China had issued an international "red notice" seeking Sun's arrest.
Defense Expresses Surprise and Seeks Time
Majcher's defense lawyer, Ian Donaldson, expressed immediate surprise at the prosecution's decision, telling Justice Devlin he needed time to reassess his strategy. "It's a very different case now than I was expecting," Donaldson stated in court. He explained that for eighteen months, he had anticipated a different prosecution approach, particularly expecting testimony from former Mountie Kenneth (Kim) Marsh, who was present and prepared to testify as the next Crown witness.
Donaldson noted that had he known Marsh would not be called, he might have questioned Tuesday's witness, Supt. Peter Tsui—the RCMP's former liaison officer in Beijing—more extensively. The judge granted an adjournment, postponing proceedings until Thursday morning.
Legal Context and Recent Rulings
The trial follows significant pretrial rulings by Justice Devlin, who determined last week that Majcher's arrest had been premature and illegal, violating his Charter rights. She also ruled that a warranted search of Marsh's home office should not have occurred. Marsh, a British Columbia-based private investigator and former commander of an RCMP international organized crime unit, had communicated with Majcher regarding Sun.
Majcher has pleaded not guilty to the single charge against him. Both Donaldson and Hough declined to comment following Wednesday's proceedings.
Reactions from Observers and Associates
Retired Vancouver police detective Paul McNamara, a close friend of Majcher's who has attended every pretrial hearing for nearly three years, described the prosecution's move as "a shock." McNamara stated, "I think, like everybody else that was here, I was lost for words. It just doesn't make sense in the scheme of things."
McNamara emphasized that Majcher has done nothing wrong but has been separated from his work and home in Hong Kong, where his two young daughters remain, "on a bogus charge." He noted the personal toll on Majcher, who has "missed his kids' birthdays" and "missed his girls growing up."
McNamara is currently involved in a civil suit against the Canadian Security Intelligence Service, alongside RCMP Sgt. Peter Merrifield. Both allege their livelihoods were damaged by false CSIS reports created due to their friendship with Majcher.
The trial continues to unfold with unexpected twists as both prosecution and defense navigate the complex legal landscape surrounding national security, international relations, and individual rights.
