The BC Court of Appeal has unanimously dismissed the Crown’s appeal of the 2016 decision to overturn the guilty verdicts of John Nuttall and Amanda Korody—but did find the trial judge erred in certain rulings.
They found the abuse of process findings still stand, however. A stay of proceedings has been ordered and Nuttall and Korody remain free on bail.
One justice ruled the overall conduct of the investigation was “a travesty of justice.”
Nuttall’s lawyer Marilyn Sandford said she was pleased with the ruling.
LISTEN: British Columbia’s Appeal Court has upheld a decision that found a couple accused of plotting to blow up the provincial legislature was entrapped by the RCMP.
“The ruling upheld our own views from the very beginning of the case, which was that this was entrapment and a police-manufactured crime,” she said.
WATCH: John Nuttall’s lawyer Marilyn Sandford says ruling is victory against police entrapment
She said she has spoken to Nuttall, who felt “overwhelming relief” following the decision.
“This has been hanging over his head for a long time.”
Nuttall and Korody were arrested on Canada Day 2013. Two years later, they were found guilty of planting pressure-cooker bombs on the legislature lawn.
Globalnews.ca coverage of the Nuttall-Korody case
That verdict was thrown out after a Supreme Court justice ruled they were entrapped by RCMP.
The judge said police used deceit and veiled threats to engineer the bomb plot.
WATCH: John Nuttall’s mom says she cheered when she heard the decision Wednesday
At an appeal hearing in January, Crown argued that Justice Catherine Bruce had no basis to conclude the RCMP manipulated the pair into planting explosive devices around the legislature.
Sandford said she feels Wednesday’s decision sends a clear message.
“I think that the court has drawn a line and underscored that these type of American-style sting operations… are not going to be tolerated here and that we have a strong and robust principle of entrapment that the courts are going to uphold.”
— With files from The Canadian Press
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