(21 Jul 2011) On July 21st 2011 a Canadian judge upheld the deportation of one of China's most wanted fugitives, Lai Changxing.
Lai was thought to be returned to China as early as July 23rd, government lawyer Helen Park told Federal Justice Michel Shore.
Lai's lawyer David Matas had asked Canada's Federal Court earlier in the day to stay his client's deportation, arguing he would not get a fair trial in his native country.
Matas told Shore that Communist officials are using his client to deflect allegations of corruption against themselves.
Chinese Foreign Ministry spokesman said in a statement that China had been clear all along in wanting Lai extradited to face trial in China.
Lai had been fighting his deportation to China for 12 years, where he faces allegations he masterminded a massive smuggling operation that robbed the government of millions of dollars in unpaid taxes.
Lai had long maintained he could be tortured or killed if returned to his home country.
Chinese officials had assured Canada that Lai won't be executed or tortured and would get a fair trial with access to a lawyer if he's returned to face charges.
Matas said China only provides a lawyer for a guilty plea, not to raise a defence, and he told the court Lai's brother and his accountant have both died mysteriously in prison in China.
Lawyers for Canada's government said they don't know the cause of death for Lai's brother or accountant and they don't have autopsy reports.
Matas said Lai could die in the same way.
Officials with Canada Border Services Agency arrested Lai in early July, a day after a second pre-removal risk assessment by the federal government said China would not seek the death penalty or torture Lai if he was returned to face charges.
The first risk assessment released in 2006 also said he was safe to be returned, but a Federal Court overturned that decision.
Lai remained behind bars, after an Immigration and Refugee Board decision on July 20th granting his freedom was overturned by Federal Court later that day.
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