B.C. judge questions Crown's urgency in applying for peace bond for Nuttall, Korody

A provincial court judge in British Columbia isquestioning the Crown's urgency to impose additional restrictions ona couple freed five months ago after a higher court overturnedverdicts finding them guilty of committing terrorist acts.

Judge Reg Harris asked public prosecutor Sharon Steele on Fridaywhy the Crown didn't wait to apply for a peace bond against JohnNuttalland AmandaKorodyuntil after a decision from the B.C. Courtof Appeal, especially when it doesn't appear the couple has breached bail conditions or poses a threat to the public.

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"It begs the question: Why are we here?" Harris asked."In reality, we could say, 'Well, let's hold on. Let's let theCourt of Appeal make its decision'.... Because this may be all fornaught."

In June 2015, Nuttall and Korody were found guilty of planting explosive devices and plotting to kill persons unknown for thebenefit of a terrorist group after they were caught up in anundercover RCMP sting operation.

Their ultimate target was the B.C.legislature on Canada Day in 2013.

Pair restricted by bail conditions

A year after the findings of guilt, B.C. Supreme Court JusticeCatherine Bruce dismissed the jury verdicts and rebuked the Mountiesfor entrapping the pair.

Friday's proceedings are the latest in the legal saga, part of ahearing into what evidence should be admitted for the peace bondapplication against the pair, whom Bruce described in her ruling asnaive and easily manipulated former heroin addicts.

Nuttall and Korody are currently restricted by bail conditionsbarring them from visiting the B.C. legislature, the Canadian ForcesBase in Esquimalt and any Jewish school or synagogue.

As well, they must report regularly to a bail supervisor and are forbidden fromhaving weapons.

Steele told the court the Crown believes Nuttall and Korodyremain a threat to the public.

"I can say with confidence that I still have every intention ofproceeding with this peace bond hearing and I still do believe thereis a very real need for some sort of supervision in the community,"she told the court.

Peace bond appropriate?

Much of what the Crown would want to see in a peace bond is already in place through the bail conditions, she added.

Harris interjected: "Which brings us back to: Why not wait untilthe appeal has been heard?

"If good work is being done now, if you feel the community isbeing protected now, what's the risk of waiting until the appeal'sbeen heard?"

The Crown has a responsibility to protect the public, Steelereplied.

Speaking to the appropriateness of a peace bond, Harris raisedthe hypothetical example of the Crown appealing a ruling acquittingsomeone of first-degree murder.

"Between acquittal and ... ultimate decision on the appeal, isthe accused's liberty restricted in any way, shape or form? Is thereany bail document? Is there even a charge against the accused? No,"he said.

This hearing is scheduled to resume Wednesday. A date for thepeace bond hearing has not been set.

The appeal of the entrapment ruling is expected to begin inOctober.