A Canadian man accused of drug smuggling in China appeared at a new trial yesterday after an upper court called for a harsher sentence in a case that could further strain ties between Beijing and Ottawa.
Robert Schellenberg, 36, was brought in handcuffs to a hearing in the northeast city of Dalian where he could potentially face the death penalty, weeks after his appeal of a 15-year prison sentence backfired.
Canadian embassy officials and three foreign journalists were given access to his retrial, which comes against the backdrop of the Chinese government’s anger over the arrest in Canada last month of a top executive from telecom giant Huawei.
Chinese authorities have since detained two Canadian nationals — a former diplomat and a business consultant — on suspicion of endangering national security, a move seen as an act of retaliation over the Huawei executive’s arrest.
Schellenberg, who was reportedly detained in Liaoning Province in 2014, is accused of playing an important role in drug smuggling and of potential involvement in international organized crime.
He was sentenced to 15 years in prison and a 150,000 yuan (US$22,000) forfeiture in November last year, but following an appeal, a high court in Liaoning last month ruled that the sentence was too lenient given the severity of his crimes.
In an opening statement, Schellenberg said he had come to China after traveling through Southeast Asia, including Laos, Myanmar, Malaysia, Singapore and Thailand.
He said a friend recommended a man named Xu Qing as a translator and he was swept up in what has turned out to be an international drug trafficking syndicate.
“This is a case about Xu Qing, he is an international drug smuggler and a liar,” Schellenberg told the court.
The crux of the retrial hinges on how much Schellenberg knows about the drug deal, which he claims was masterminded by Khamla Wong, a Canadian who was in 2016 arrested on drug charges.
Chinese prosecutors say that Schellenberg was part of an international syndicate which planned to send 222kg of methamphetamine to Australia, hidden within plastic pellets concealed in rubber tires.
Prosecutors brought in Xu as a witness, who in close to two hours of testimony never once turned to look at Schellenberg.
When pressed on details, he frequently said he could not remember and to refer to a written statement for details, including when Schellenberg questioned him about 180,000 yuan he was purportedly given.
Two other Chinese men have been involved in this case — one was sentenced to life imprisonment and another handed a suspended death sentence.
The court was filled with about 70 observers who were patted down and made to empty their pockets — receipts and stray coins were to be left at security.
China has executed other foreigners for drug-related crimes in the past.
Court retrials are rare in China and retrials calling for a harsher sentence are even rarer, said Donald Clarke, a George Washington University professor specializing in Chinese law.
“It is obvious ... that Schellenberg’s fate will have little to do with his actual guilt or innocence,” Clarke said.
“If the Chinese government has an innocent explanation for all the unusual features of this case, I hope it will provide it. Otherwise, I don’t know how to understand this case other than as a simple threat,” he said.
Ottawa said it was following the case “very closely” and has provided Schellenberg with consular assistance.
Beijing has repeatedly denied any diplomatic pressure behind Schellenberg’s case.
“You can ask these [critics] which laws the relevant Chinese judicial organs and departments have violated by” ordering a retrial, Chinese Ministry of Foreign Affairs spokesman Lu Kang (陸慷) said at a regular press briefing on Friday.
“If no laws have been broken, I hope that these people can stop recklessly suspecting others of politicizing legal issues just because they have done so,” Lu said.
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