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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The Prince Rupert Port Authority Land Use Plan will guide the growth within lands and waters under its jurisdiction and facilitate Canada’s trade with the world for the next 20 years. (Photo: Supplied by Port of Prince Rupert)
Land Use Plan finalized by Port Authority

PRPA Land Use Plan plan guides the growth and trade for next 20 years within its lands and waters

Such sweetness with all this candy. Dylan Kennedy 7, with his mom Kerri Kennedy volunteer at the Halloween Fest Committee event to bag candy for students in SD 52 on Oct. 19. (Photo: K-J Millar/The Northern View)
How sweet it is

Bags of candy were assembled by more than 25 Halloween Fest Volunteers for distribution to S.D. 52

Ashley Wilson officer in charge of Prince Rupert Marine Communications and Traffic Services said radio officers in Prince Rupert are the eyes and ears of the Canadian Coast Guard with the job as an ocean first responder being like a 911 dispatcher. (Photo: K-J Millar/The Northern View)
Coast Guard calling for radio officers

Deadline for radio officers applications extended specifically for Prince Rupert and area residents

FILE - Nathan Cullen speaks to media in Smithers, B.C., Friday, February 28, 2020. THE CANADIAN PRESS/Jonathan Hayward
More calls come in for Cullen’s removal as NDP candidate

Gitxsan Hereditary Chiefs demand Cullen’s removal. Ellis says, There’s no place in B.C. for racism

An election tussle has now erupted over the long-dismantled Skeena Cellulose pulp mill on Watson Island, shown here in a 2013 photo. (File photo The Northern View)
Wilkinson, Horgan tagged over pulp mill file and legal battle

Case dates back to attempt to re-open closed Skeena Celluose pulp mill

FILE – People wait in line at a COVID-19 testing facility in Burnaby, B.C., on Thursday, August 13, 2020. THE CANADIAN PRESS/Darryl Dyck
167 new COVID-19 cases, 1 death recorded as B.C. enters 2nd wave

Three new healthcare outbreaks also announced

Rio Tinto Alcan’s aluminum smelter at Kitimat competes against producers in the Middle East and Russia that have no carbon tax. (Rio Tinto)
B.C. carbon tax highest in Canada, export industries unprotected

B.C. NDP, B.C. Liberals say they’re looking at exemptions

(Pixabay)
Vancouver teacher suspended after swearing, touching students and complimenting underwear

McCabe touched students, including rubbing their backs and necks, touching their hair and hugging them

A glimpse of some of the 480 (approx) cars written off as a result of the acid spills along the Trail highway in 2018. Photo: Trail Times
2 years after huge highway acid spill, Kootenay Ford dealer’s frustration grows with ICBC

Trail AM Ford owner Dan Ashman says he just wants fair compensation from ICBC

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Mail-in ballot from Elections BC (Katya Slepian/Black Press Media)
At least 26% of eligible voters have already cast their ballot, Elections BC says

Voters can cast a ballot until 8 p.m PST on Election Day

A 2018 decision to fly a rainbow flag ended up costing the City of Langley $62,000 in legal fees (Langley Advance Times file)
Human rights win in rainbow flag fight cost B.C. city $62,000

“Lengthy and involved” process provoked by complaint

Prime Minister Justin Trudeau is seen during a news conference Tuesday October 20, 2020 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Trudeau and his family decide against trick-or-treating this year due to COVID

Adhering to local health authorities, Trudeau urges Canadians to do their part in following those guidelines

Most Read