John Nuttall, left, and Amanda Korody, leave jail after a judge ruled the couple were entrapped by the RCMP in a police-manufactured crime, in Vancouver, B.C., on Friday July 29, 2016. British Columbia’s Appeal Court is scheduled to release a decision today on a couple whose guilty verdict over plotting to blow up the provincial legislature was thrown out by a lower court judge. THE CANADIAN PRESS/Darryl Dyck

John Nuttall, left, and Amanda Korody, leave jail after a judge ruled the couple were entrapped by the RCMP in a police-manufactured crime, in Vancouver, B.C., on Friday July 29, 2016. British Columbia’s Appeal Court is scheduled to release a decision today on a couple whose guilty verdict over plotting to blow up the provincial legislature was thrown out by a lower court judge. THE CANADIAN PRESS/Darryl Dyck

Couple accused in legislature bomb plot free to go, B.C. top court says

Appeals court issues scathing ruling against the RCMP in the case of John Nuttall and Amanda Korody

The couple who planted pressure cooker bombs on the lawn of the B.C. Legislature on Canada Day 2013 is free to go, after the BC Court of Appeal upheld a ruling that stayed proceedings against them and said police had “pushed” the pair to commit the crime.

In a stinging decision on Wednesday, Justice Elizabeth Bennett said the RCMP “did everything necessary to facilitate” John Nuttall and Amanda Korody’s plans when they provided them with explosive material they could not have gotten on their own.

Bennett said police “went far beyond investigating” when they “manufactured” the bomb plot.

“I therefore agree… that the overall conduct of this investigation was a travesty of justice,” Bennett wrote in her 142-page decision.

READ MORE: Surrey couple caught up in B.C. Legislature bomb plot to learn their fate

The decision upheld part of a 2016 ruling from B.C. Supreme Court Justice Catherine Bruce that stayed proceedings against Nuttall and Korody, after they accused the RCMP of entrapment. Crown counsel appealed the stay earlier this year.

Nuttall and Korody, who lived in Surrey, first came to the authorities’ attention on suspicions of terrorism in 2012. Nuttall had a long unrelated rap sheet of assault, kidnapping and robbery convictions. He also had a drug dependency and mental health issues.

The two had recently converted to Islam, and Nuttall was known in the community for “espousing violent jihadist views.”

In early 2013, the Canadian Security Intelligence Service told police Nuttall was a threat to national security and that he had tried to buy materials to make explosives, although investigators were unable to corroborate the claim.

RCMP began an undercover sting to determine if Nuttall and Korody were a threat. Numerous officers played the part of agents in a terrorist investigation.

As soon as Nuttall expressed interest in jihad after seeing a Qur’an in the back seat of an officer’s car, police began exploring terror plots with the couple to see whether they would pursue one on their own.

Eventually, the police, Nuttall and Korody settled on pressure cooker bombs targeting the B.C. Legislature on Canada Day 2013.

With help from RCMP officers, the couple prepared the bombs and dropped them off on the lawn of the legislature. Police provided the explosive C-4, as well as fake detonators.

The bombs did not go off and Nuttall and Korody were arrested shortly after and were eventually convicted of conspiracy, possessing an explosive substance, and placing an explosive in a public place on behalf of a terror group in 2015.

In her ruling Wednesday, Bennett agreed with Bruce’s decision that the RCMP’s conduct was an “abuse of process.”

Bennett said police frequently infiltrate terrorist groups as part of their investigations, but they cannot do whatever they want to investigate a crime.

The RCMP eventually knew the couple had little to no ability to commit an act of terror, she said, and only carried out the bomb plot after police “pushed and pushed and pushed” them.

Bennett did not agree with two parts of the lower court ruling. She said police did have “reasonable suspicion” to investigate given Nuttall’s extremist views and past criminal history, and that an average person would not have done what Nuttall and Korody did, as police gave them 36 opportunities to back out.

“The ruling upheld our views…. that this was entrapment and police-manufactured crime,” Nuttall’s lawyer Marilyn Sandford said. “A court has drawn a line that these types of American-style sting operations are not going to be tolerated here.”

Korody’s lawyer, Scott Wright, said the couple were “very relieved” and “hoping to move on with life as much as possible.”

Their next court date is scheduled for Jan. 7 for a Crown-requested peace bond.

Crown counsel said it would be “reviewing the decision.” They declined to comment further but has 60 days to appeal.


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Priya Sharma. (Submitted)
Column: Why ultimatums don’t work

By Priya Sharma It is a common misconception that people can choose… Continue reading

People had a chance to interact with different animals at the petting zoo, participate in mutton busting, and buy everything local during the Fall Fair held in 2019. (Aman Parhar/Omineca Express)
55th Fall Fair in Vanderhoof cancelled

Alternative events eyed once again

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

Athena and Venus, ready to ride. (Zoe Ducklow - Sooke News Mirror)
Goggling double-dog motorcycle sidecar brings smiles to B.C. commuters

Athena and Venus are all teeth and smiles from their Harley-Davidson sidecar

Kimberly Bussiere and other laid-off employees of Casino Nanaimo have launched a class-action lawsuit against the Great Canadian Gaming Corporation. (Chris Bush/News Bulletin)
B.C. casino workers laid off during pandemic launch class-action lawsuit

Notice of civil claim filed in Supreme Court of B.C. in Nanaimo against Great Canadian Gaming

A Photo from Sept. 2020, when First Nations and wild salmon advocates took to the streets in Campbell River to protest against open-pen fish farms in B.C.’s waters. On Dec. 17, federal fisheries minister Bernadette Jordan announced her decision to phase out 19 fish farms from Discovery Islands. Cermaq’s application to extend leases and transfer smolts was denied. (Marc Kitteringham/Campbell River Mirror)
Feds deny B.C.’s Discovery Island fish farm application to restock

Transfer of 1.5 million juvenile salmon, licence extension denied as farms phased out

John Kromhoff with some of the many birthday cards he received from ‘pretty near every place in the world’ after the family of the Langley centenarian let it be known that he wasn’t expecting many cards for his 100th birthday. (Special to Langley Advance Times)
Cards from all over the world flood in for B.C. man’s 100th birthday

An online invitation by his family produced a flood of cards to mark his 100th birthday

FILE – Nurse Iciar Bercian prepares a shot at a vaccine clinic for the homeless in Calgary, Alta., Wednesday, June 2, 2021. THE CANADIAN PRESS/Jeff McIntosh
B.C. scientists to study effectiveness of COVID vaccines in people with HIV

People living with HIV often require higher doses of other vaccines

A 50-year-old woman lost control of her vehicle Tuesday, June 15, crashing through a West Vancouver school fence that surrounds playing children. (West Vancouver Police)
Driver ticketed for speeding near B.C. school crashes into playground fence days later

‘It’s an absolute miracle that nobody was injured,’ says Const. Kevin Goodmurphy

Dr. Réka Gustafson, who is British Columbia’s deputy provincial health officer, speaks during a news conference in Vancouver on April 8, 2015. THE CANADIAN PRESS/Darryl Dyck
B.C. public health officials prepare to manage COVID-19 differently in the future

Flu-like? Health officials anticipate shift from pandemic to communicable disease control strategies

Most Read