Tries again on terror charges

Photo: RCMP

A British Columbia judge was wrong to throw out findings of guilt against a pair of accused terrorist sympathizers who planted what they thought were pressure-cooker bombs on the lawn of the provincial legislature, the Crown says.

In documents filed in B.C.'s Court of Appeal, the Crown says Justice Catherine Bruce of the B.C. Supreme Court had no basis to conclude the RCMP manipulated John Nuttall and Amanda Korody into plotting to kill dozens of innocent people and first responders on Canada Day in 2013.

A months-long jury trial ended in June 2015 when Nuttall and Korody were found guilty of conspiring to commit murder, possessing an explosive substance and placing an explosive in a public place, all on behalf of a terrorist group.

The convictions were put on hold until a year later, when Bruce ruled the pair had been entrapped by police, who she said used trickery, deceit and veiled threats to engineer the bomb plot.

The Crown is appealing the ruling and proceedings are scheduled to begin Monday.

The Crown says in arguments filed with the court that Nuttall and Korody were completely responsible for crafting and carrying out the plan and the undercover RCMP operation did not qualify as either manipulative or an abuse of process.

"Mr. Nuttall and Ms. Korody eagerly conspired to build improvised explosive devices and detonate them in a public space during a national holiday ... as an act of 'jihad,' to 'strike terror' in the hearts of Canadian 'infidels,' " the document says.

"An average person, standing in their shoes, would never have done so."