HONG KONG – A Canadian man sentenced to death in China for drug trafficking intends to appeal, one of his lawyers said on Wednesday, when a diplomatic rift between Canada and China was reinforced and reported information about the man's previous drug judgment.
The man, Robert Lloyd Schellenberg, 36, was tried, convicted and convicted on Monday in which one of his lawyers called an amazingly fast result. The hearing in Dalian, a port city in northeastern China, was a trial commissioned by a court of appeal last month after Beijing had worriedly condemned Canada for arresting a Chinese technological leader at the request of the United States.
"His main point is that he is innocent, and he did not do what he was accused of doing," said Mr. Zhang.
He said that last week he had warned Mr Schellenberg that the resumption could result in a harder punishment than the 15-year sentence he originally received and that he could even be sentenced to death. Still, Mr Zhang said he was amazed at the speed of judgment.
"This was really too fast," Zhang said.
"Under Chinese law, the words of death should be handled very carefully" he said. "Generally, they have to be arrived after careful consideration, assessment and discussion. For a court to announce a death sentence just an hour after the trial, it is really very, very rare."
Mr. Schellenberg may formally lodge his appeal within ten days of receipt of a written copy of the judgment. He had not yet received one since Mr. Zhang saw him on Tuesday.
Mr. Zhang said it was too early to establish all possible appeal conclusions, but he said the prosecutors had not offered any new evidence Monday that could justify a heavier sentence.
"My view is that the facts put forward by the prosecution for resumption were not new," said Mr Zhang.
"According to Chinese law, the punishment for a sentence can only be increased by appeal if the prosecution produces new criminal facts," he said. "It was still within the framework of the original criminal facts."
She told reporters on Tuesday that Canada's relationship with China was "a complicated one, a very difficult moment" and that she had spoken twice with the Chinese ambassador.
"As Canadians know we don't have the death penalty in Canada," she said. "We think it's inhumane and inappropriate."
Mrs Freeland said she had also had an "emotional" conversation over the phone with Mr Schellenberg's father.
"It is important for us to remember that we are talking about a human being – about a person," she said.
The legal odds are stacked against Mr Schellenberg. Chinese courts come under the Communist Party control, and successful appeals in criminal cases are rare; Direct exonerations are even less frequent. But an appeal can help Mr Schellenberg expand the process while the Canadian government is trying to secure the complaint.
Skelleberg's fate as well as two Canadians detained in China last month now seem inevitably linked to the tense relationship between countries – especially to Canada's handling of Meng Wanzhou, the Chinese engineering manager whose arrest in Vancouver early last month ignited it official rage in Beijing.
Ms. Meng, Chief Financial Officer of Huawei, a strong Chinese telecommunications equipment machine, is bail-free prior to a legal dispute that determines whether the Canadian government can order its extradition to the United States. The charges in New York have accused her of fraudulent banking transactions with Iran, which violated US sanctions in that country.
The Chinese government has claimed that Ms. Meng's arrest was an offense, an allegation denied by Canada. But many law experts and former diplomats suspect China to play politics with the law itself, to put pressure on Canada.
Less than two weeks after Menge's arrest, two Canadians – Michael Kovrig, a former diplomat and Michael Spavor, a businessman – could be arrested in China with suspicion of "national security danger", a vigilant prosecutor crimes like espionage.
So at the end of December, a court in Dalian acted with exceptional speed to hear Mr Schellenberg's appeal against 15 years of imprisonment he had received the previous month. Sir. Schellenberg had hoped that the court would reduce its sentence or turn over the conviction, but it ordered a trial and stated that he might deserve a heavier sentence.
Mr. Zhang, the lawyer, said that Mr Schellenberg's criminal record in Canada had not come under his hearings in China. At the hearing and re-examination, Mr Schellenberg said that he had been in China as a tourist and unconsciously anchored in drug trafficking.
In Canada, however, Mr Schellenberg has a history of drug trafficking dating to 2003 when he was convicted of holding a scheduled drug for trade, according to court records.
In 2010, he was sentenced for drug trafficking again and sentenced to nine months in prison. Two years later, when Schellenberg was 29, he allegedly owed approx. $ 4,500 cocaine and heroin for trading, as well as having cannabis and methamphetamines.
Court records showed that police had found drugs in Mr. Schellenberg's apartment, which a judge said he used "as a distribution center" and said he was "not in the lower part of the dial-a-dope operations." Mr. Schellenberg was sentenced to two years' imprisonment, some of which he had already earned while waiting for the trial.
The judgment court, Neill Brown of the British Columbia Supreme Court, told Mr Schellenberg: "Your country deserves much better from you. You are in one of the best places in the world to live." He urged Mr Schellenberg to " Overcoming Your Addiction and Reforming Your Life "and told him:" I hope this is the last time you come to court. " Lauri Nelson-Jones, aunt Schellenberg's aunt, said in an earlier interview that before he was arrested in China in 2014, Schellenberg had traveled around Asia using earnings from working in Albert's oil fields to pay for his adventures.
After mr. Schellenberg was sentenced to death on Monday issued Global Affairs Canada – the country's foreign service – a revised travel advice for Canadians on travel to China. This warning came after Prime Minister Justin Trudeau said "China has chosen to begin arbitrary use" of the death penalty.
Tuesday, China hit back. Its embassy in Ottawa urged Chinese citizens to "fully assess the risks of traveling to Canada" with reference to "arbitrary detention" of Ms. Meng, even though it did not name her. "In the near future, be careful about traveling to Canada," announced the message.
On Wednesday, a spokeswoman for the Chinese Foreign Ministry said Hua Chunying that the Canadian government had played down the gravity of Mr. Schellenberg's crime, which the court said involved in trying to smuggle nearly 500 pounds of methamphetamine into Australia. Hua has also brushed the call on service.
"I don't know if the Canadian leader has seriously followed China's solemn attitude," Hua said at a regular news meeting. the Canadian leader to use "arbitrary" to describe Schellenberg's trial in China was extremely irresponsible. "