Wealthy Vancouver businessman in Winnipeg fighting to stay in Canada
Winnipeg lawyer David Matas says Communist Party is pursuing his client for political purposes
A wealthy Vancouver real estate developer should not be returned to China on corruption charges because he is the victim of political persecution, his lawyer told a Federal Court judge Tuesday.
Mo Yeung Ching was denied a refugee claim last year. His lawyer, David Matas, is seeking to overturn that decision on the assertion that the charges against him are a political conspiracy that stemmed from a property purchase in the 1990s.
"He wasn't involved in any way," Matas told court.
"He just introduced the would-be buyer and the would-be seller."
The controversy surrounds a 1997 purchase by a provincial government in China from a joint-venture company. Ching's father was the head of the provincial government and also knew the real estate broker, so Ching helped the two sides get together, Matas said.
Years later, the Chinese government investigated the matter and alleged that Ching, along with others, conspired to collect an inflated commission from the sale.
Matas said Tuesday the accusation is untrue and was simply part of Communist Party infighting and an attempt to get to Ching's politician father.
The accusation is a key reason why Ching's claim for refugee status was rejected.
Matas argued the decision is flawed because the evidence against his client is scant, save for two witness statements that Matas said were obtained by torture.
Justice Yvan Roy repeatedly asked Matas to provide evidence to back up his claims, and asked why the Chinese government didn't go directly after Ching's father if he was indeed their true target.
"Isn't this … an extremely roundabout way to get to the father?" he asked.
Roy is expected to render his decision at a later date.