Lawyers for Huawei executive Meng Wanzhou say they are making an "unusual" request to admit new evidence in her extradition case, but they argue the documents prove the United States has misled a Canadian court in its summary of the case against her.
Mark Sandler told a B.C. Supreme Court judge the documents obtained from HSBC include internal email chains and spreadsheets that undermine the allegations of fraud against Meng.
Instead, he says they demonstrate the bank was aware of Huawei's control over Skycom and its business in Iran.
Sandler says it's rare that a person sought in extradition proceedings is able to credibly challenge in a fraud prosecution whether the requesting state has even presented a plausible case to justify extradition, but he says Meng's case is exceptional.
Both Meng and Huawei deny allegations that she misled HSBC about Huawei's control over Skycom, putting the bank at risk of violating U.S. sanctions against Iran.
Canada's attorney general has not yet responded to the defence application in court.
"It is relatively rare that the person sought wishes to place before the court the purported victim's own records to impeach the threshold reliability of the prosecution's cases," Sandler told the court.
"To be completely candid and transparent, we do not resile from characterizing this as an exceptional case that demands an exceptional remedy."
Meng has been living in one of her Vancouver homes on bail since her arrest at the city's airport in December 2018.
