United States of America v. Cooper

United States of America v. Cooper

The application to adduce evidence was dismissed because the proposed material was essentially exculpatory/defence evidence and identification evidence for trial, it did not undermine the reliability of the certified Record of the Case nor meet the s.32(1)(c) threshold for admissibility, and the extradition judge must not weigh competing versions of events at the committal stage.

Citation
2012 BCSC 2058
Parties
Requesting State: The Attorney General of Canada on behalf of the United States of America; Person Sought: Malcolm Cooper aka Malcolm Lyle Cooper aka Q aka Two Nutty Deuce
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
7 December 2012
Procedural Posture
Extradition / Committal Hearing Application to Adduce Evidence
Outcome
Application to adduce evidence dismissed
Legal Topics
Committal, Admissibility of Evidence, Reliability of Evidence, Identification, Affidavit Procedure
Source Language
English
Extradition Criminal Law Evidence Law Committal Admissibility of Evidence Reliability of Evidence Identification Affidavit Procedure

Case Brief

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Parties

The Attorney General of Canada on behalf of the United States of America

Requesting State

Malcolm Cooper aka Malcolm Lyle Cooper aka Q aka Two Nutty Deuce

Person Sought

Procedural Posture

Extradition / Committal Hearing Application to Adduce Evidence

Legal Issues

  1. 1 Whether evidence adduced by the person sought is admissible under s.32(1)(c) of the Extradition Act
  2. 2 Whether proposed evidence attacks the reliability or availability of the Record of the Case
  3. 3 Whether an extradition judge may consider exculpatory/defence evidence at the committal stage

Ratio Decidendi

The application to adduce evidence was dismissed because the proposed material was essentially exculpatory/defence evidence and identification evidence for trial, it did not undermine the reliability of the certified Record of the Case nor meet the s.32(1)(c) threshold for admissibility, and the extradition judge must not weigh competing versions of events at the committal stage.

Court Disposition

Application to adduce evidence dismissed

Orders

  • Application to adduce evidence dismissed