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 a 142-page decision.

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.

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

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

Sven Spichiger, Washington State Department of Agriculture managing entomologist, displays a canister of Asian giant hornets vacuumed from a nest in a tree behind him Saturday, Oct. 24, 2020, in Blaine, Wash. Scientists in Washington state discovered the first nest earlier in the week of so-called murder hornets in the United States and worked to wipe it out Saturday morning to protect native honeybees. Workers with the state Agriculture Department spent weeks searching, trapping and using dental floss to tie tracking devices to Asian giant hornets, which can deliver painful stings to people and spit venom but are the biggest threat to honeybees that farmers depend on to pollinate crops. (AP Photo/Elaine Thompson)
Crews vacuum ‘murder hornets’ out of Washington nest, first-ever in U.S.

The nest found in the city of Blaine near the Canadian border is about the size of a basketball

Surrey Pretrial in Newton. (Photo: Tom Zytaruk)
Surrey Pretrial in Newton. (Photo: Tom Zytaruk)
Staff members at Surrey Pretrial test positive for COVID-19

Ministry of Public Safety says employees tested positive between Oct. 18 and 23

(Image: CDC)
Fraser Health orders Surrey food-processing facility to close amid COVID-19 outbreak

Staff member at Surrey long-term care facility also tests positive for the virus

A reminder to students at Surrey’s Strawberry Hill Elementary to physically distance during the COVID-19 pandemic. (Photo: Lauren Collins)
Five Surrey schools reporting COVID-19 exposures, including another at Panorama Ridge

INTERACTIVE TABLE: Search for schools, organize by exposure dates

Upgrades underway at the Sunnyside Reservoir, adjacent to Sunnyside Acres Urban Forest, raised concerns among some residents Tuesday (Oct. 20), however, stewards of the park say everything went off without a hitch. (Tracy Holmes photo)
‘No issue’ with South Surrey reservoir drainage, despite trail user concerns: urban forest steward

Forest visitor taken aback by ‘unprecedented flooding’ of trails

B.C. provincial health officer Dr. Bonnie Henry gives a daily briefing on COVID-19 cases at an almost empty B.C. Legislature press theatre in Victoria, B.C., on March 25, 2020. (Don Craig/B.C. government)
B.C. sees 223 new COVID-19 cases, now 2,009 active

Two new care home outbreaks in Surrey, Burnaby

Canada’s Chief Public Health Officer Theresa Tam responds to a question during a news conference Friday October 23, 2020 in Ottawa. Canada’s top physician says she fears the number of COVID-19 hospitalizations and deaths may increase in the coming weeks as the second wave continues to drive the death toll toward 10,000. THE CANADIAN PRESS/Adrian Wyld
Canada’s top doctor warns severe illness likely to rise, trailing spike in COVID-19 cases

Average daily deaths from virus reached 23 over the past seven days, up from six deaths six weeks ago

BC Hydro map showing where power has been knocked out is dotted with over a dozen outages. (BC Hydro map screenshot)
Thousands without power in Lower Mainland on election day

One outage in Langley and Surrey is affecting over 4,000 customers

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

file
One dead after fiery crash near Agassiz

Agassiz RCMP report a 56-year-old man died Friday night

The possibility of the Canadian Premier League expanding to the Fraser Valley has been floated online. (Facebook photo)
Canadian Premier League possibly eyeing Fraser Valley expansion

Soccer league looking to add ninth team to the mix, B.C. markets potentially rumoured

100 Mile Conservation officer Joel Kline gingerly holds an injured but very much alive bald eagle after extracting him from a motorist’s minivan. (Photo submitted)
B.C. driver thought he retrieved a dead bald eagle – until it came to life in his backseat

The driver believed the bird to be dead and not unconscious as it turned out to be

Most Read