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

(File photo)
Poverty reduction survey identifies 10 poverty themes

Poverty reduction plan will be finalized in July 2021

Nanaimo-Ladysmith MP Paul Manly says he has no intentions of leaving the Green Party. (House of Commons image)
Island Green MPs have “no intention” of leaving the party after ‘heartbreaking’ departure

Manly, May only remaining Green MPs after Jenica Atwin left for the Liberals over internal disputes

New COVID-19 cases on Vancouver Island by local health area for the week of May 30-June 5. (B.C. Centre for Disease Control image)
COVID-19 cases drop again almost everywhere on Vancouver Island

Nanaimo had four new cases last week, down from 22 the week before

Justine Keefer’s Cedar Elementary School Grade 6/7 class put together a student paper, as part of a school project. Pictured here Andrew Gregory, left, Felix Leduc, Addison Armstrong, Lucia Walker and Anise Dick. (Karl Yu/News Bulletin)
Cedar Elementary School students create their own newspaper

Grade 6/7 class publishes Wolf Pack News as part of language arts and social studies

Évangeline Laforest and Oscar McClements’ invention La Méduse (the Jellyfish) removes oil from the ocean. The invention was one of 15 out of 700 inventions submitted to the Natural Sciences and Engineering Research Council of Canada’s Little Inventors contest. (Cole Schisler photo)
‘Little Inventors’ from Ladysmith showcased in national science challenge

Évangeline Laforest and Oscar McClements were one of 15 finalists in the Little Inventors Challenge

t
How to tell if a call from ‘CRA’ is legitimate or a scam

Expert says it’s important to verify you really are dealing with the CRA before you give out any info

The courthouse in Nanaimo. (News Bulletin file)
Nanaimo man, already in jail, found guilty of sexual abuse of sons

Man previously sentenced for sexual interference involving girl in Nanaimo

British Columbia-Yukon Community News Association’s 2021 Ma Murray Awards were handed out during a virtual ceremony on Friday, June 10. (Screen grab)
Black Press Media winners take gold at B.C. and Yukon journalism awards

Publications received nods in dozens of categories

Prime Minister Justin Trudeau greets campers while visiting McDougall, Ont. on Thursday, July 19, 2018. THE CANADIAN PRESS/Frank Gunn
71% of B.C. men say they’d prefer to go camping with Trudeau: survey

Most British Columbians with plans to go camping outdoors say they’d prefer to go with Trudeau or Shania Twain

Members of the Department of Fisheries and Oceans’ Marine Mammal Response Program rescued an adult humpback what that was entangled in commercial fishing gear in the waters off of Entrance Island on Thursday, June 10. (Photo courtesy Marine Mammal Response Program)
Rescuers free humpback ‘anchored’ down by prawn traps off Vancouver Island

Department of Fisheries and Oceans responders spend hours untangling whale

Chilliwack cocaine trafficker Clayton Eheler seen with a tiger somewhere in Asia in 2014. Eheler was sentenced to nine years jail in 2018, but was released on bail in October 2020 pending his appeal of conviction.(Facebook)
Director of civil forfeiture seeks $140,000 from Fraser Valley drug dealer’s father-in-law

Clayton Eheler’s father-in-law Ray Morrissey caught with money in Fort St. John by B.C.’s gang unit

A Comox Valley shellfish operator pleaded guilty and was fined $10,000 in provincial court in Courtenay earlier this year. Record file photo
B.C. clam harvester fined $10,000 for Fisheries Act violations

Charges against three others were stayed in Courtenay Provincial Court

Frank Phillips receives a visit from his wife Rena at Nanaimo Seniors Village on their 61st wedding anniversary, March 31, 2020. Social visits have been allowed since COVID-19 vaccination has been offered in all care homes. (Nanaimo News Bulletin)
B.C. prepares mandatory vaccination for senior care homes

180 more cases of COVID-19 in B.C. Friday, one more death

Lorraine Gibson, 90, received a COVID-19 immunization at the South Surrey Park and Ride vaccination clinic. (File photo: Aaron Hinks)
Surrey has had 25% of B.C.’s total COVID-19 cases

Surrey recorded 4,012 cases in May

Most Read