The case of an Iranian man wanted for extradition to the U.S. for allegedly helping a terrorist-linked airline evade sanctions continues in B.C. Supreme Court.
On Jan. 17, 2019, Seyed Abood Sari arrived at Â鶹´«Ã½Ó³»International Airport on a British Airways flight from London.
Sari was the Dubai general manager for Mahan Air, which the U.S. government sanctioned in October 2011 for financially, materially and technologically supporting Iran’s Islamic Revolutionary Guard Corps Quds Force and Beirut-based Hezbollah.
He told officers that he planned to celebrate his birthday with his two sons who were studying at B.C. universities.
However, Sari was arrested due to an outstanding U.S. warrant for allegedly trying to get around sanctions by using front companies and middlemen to disguise financial transactions for Mahan Air and deceive banks.
Sari appeared before Justice Catherine Murray with defence lawyer Josh Oppal May 8 to set a date for an application decision by Justice Janet Winteringham.
Winteringham, in October 2023, ruled in an abuse of process application that Canada Border Services Agency officials had breached Sari’s international rights to contact Iranian consular officials on his arrest. Those rights are in the Vienna Convention.
Winteringham said evidence showed officers informed Sari of his Vienna Convention rights at 1:14 a.m. on Jan. 18, 2019 and that he requested access to a consular official. Neither Canada nor the U.S. have diplomatic relations with Iran.
“There is no dispute that he requested access to a representative from the Iranian consulate. The [border services officers] attempted to implement those rights, but they failed to do so,” Winteringham said in her decision. “I'm not satisfied that an email sent constituted compliance with the Vienna Convention. More was required, the jeopardy here was significant.”
The case returns to court on June 17.
Winteringham has expressed concerns about the case’s length.
With files from Bob Mackin
