Prosecutors appeal acquittal of ex-Mountie accused of working as agent for China

Federal prosecutors have appealed the high profile acquittal of a former RCMP officer accused of helping China conduct foreign interference in Canada.

A notice of appeal filed late last week asked the B.C. Court of Appeal to overturn the May 13 not guilty verdict and order a new trial for William Majcher.

The Public Prosecution Service of Canada argued the judge erred when she dismissed the charge that Majcher was effectively a Chinese government agent.

The Crown’s application, obtained by Global News, argues the judge failed to consider all the evidence, assessed it incorrectly and excluded expert evidence.

Ian Donaldson, Majcher’s criminal defence lawyer, confirmed the appeal was filed on Thursday. The prosecution service did not respond to questions sent by email.

Majcher said in a statement to Global News on Sunday the decision to appeal the case “appears disconnected from both the evidence and the findings of the trial court.”

“The verdict confirmed what I have maintained from the beginning: I committed no offence – full stop! The prosecution’s theory against me was rejected by the Supreme Court of British Columbia after a full examination of the facts,” he said.

The civil lawyer representing Majcher said the public was entitled to ask why the case was continuing given judge found evidence was lacking.

“From our perspective, the appeal appears to lack substantive merit and risks becoming an exercise in institutional self-preservation rather than the pursuit of justice,” Joel Etienne said.

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“The damage inflicted on Mr. Majcher, his family, and his businesses cannot simply be ignored while the process continues.”

In an exclusive interview with Global News to be published on Tuesday, Majcher responds in detail for the first time to the Canadian investigation that targeted him.

Majcher is one of the few Canada has prosecuted on Chinese interference allegations, despite Beijing’s suspected meddling in everything from elections to the arts.

But the case became the latest to end without a conviction, following the acquittals of a Canadian Space Agency employee and a federal contractor who faced similar charges.

After leaving the RCMP in 2007, Majcher moved to Hong Kong to work in banking and private security. He was arrested upon landing at Vancouver airport in 2023.

The RCMP said in a news release at the time that its Integrated National Security Enforcement Team had launched an investigation into Majcher in 2021.

The statement accused him of using his knowledge and contacts in Canada “to obtain intelligence or services to benefit the People’s Republic of China.”

He also “contributed to the Chinese government’s efforts to identify and intimidate an individual outside the scope of Canadian law,” the RCMP claimed.

The arrest came amid a series of Global News and Globe and Mail reports about government inaction on Beijing’s meddling in Canada’s political and domestic affairs.

But when Majcher’s trial got underway in April, the case had been narrowed to a single count under the Security of Information Act, based on one email exchange.

The Crown alleged the messages were about Kevin Sun, a Vancouver resident China had accused of fleeing the country with tens of millions of dollars.

Although prosecutors accused Majcher of a 2017 plot to pressure Sun to return to China to resolve the matter, the judge said the Crown had not proven its case.

Majcher’s business, which focused on economic crime and asset recovery services, appeared to be pursuing “entirely lawful objectives,” the judge said.

The ruling found the Crown’s evidence was “entirely circumstantial” and it was “simply too far a leap” to conclude that Majcher committed any crimes.

The Canadian Security intelligence Service wrote in its May 1 annual report that China remains one of the “main perpetrators of foreign interference and espionage against Canada.”

But Prime Minister Mark Carney has deepened Canada’s ties with Beijing since taking office, as he seeks new trade partners to offset an erratic and hostile U.S. White House.

Stewart.Bell@globalnews.ca