RCMP criminal affidavit lends strong support to Mexico's case against Canadian Cynthia Ann Vanier

Self-proclaimed specialist at "diffusing and calming the most contentious and difficult environments" was paid a cool $740,000 to lead 2011 "fact finding trip" to Libya, as brutal Gaddafi regime collapsed

Guadalajara -
Cynthia Ann Vanier, arrested in November 2011 on charges that she was a key figure in a scheme to smuggle one of the sons of the late Muammar Gaddafi into Mexico, is on trial in Quintana Roo state. The case is now winding up, and a criminal court will soon hear final evidence and closing arguments. A decision could come within the next few weeks.

The Mount Forest, Ontario native faces years in custody if convicted. She's being held in a Chetumal prison. Last year Vanier claimed that she had been "physically, mentally and emotionally" abused by penal authorities while in the remote facility near the country's border with Belize. She was denied bail due to the seriousness of the offense. Canadian pleads not guilty; alleges abuse in Mexican jail.

In March 2012, RCMP officers traveled to Mexico to interview and debrief Vanier. Less than a month later, Mounties executed a search warrant at the Montreal headquarters of the monolithic engineering firm SNC-Lavalin, which has offices around the world and is involved in construction projects in more than 100 countries. According to a CBC news report, the mega firm was conducting an internal probe "of millions of dollars of mysterious payments," and itself sought Mountie investigative help earlier in the year. Vanier was named a material witness in the case. Royal Canadian Mounties trek to Mexico.

In Canada, as in the U.S., law enforcement officers must apply for a search warrant in order to enter residential or business property. Before a judicial officer can issue such a warrant, a detailed affidavit must be prepared by investigators. That affidavit must specify what crime or crimes they believe have occurred, and precisely what evidence they expect to find on the premises about to be searched. The document is commonly referred to as a probable cause affidavit. Without it, a magistrate is forbidden from issuing a search warrant. The rules can be traced to warrantless, "fishing expedition" searches commonly conducted by agents of the British monarchy before America won its independence.

In the Vanier case, before RCMP agents could search the Montreal headquarters of SNC-Lavalin in April 2012, they had to submit such an affidavit to a Canadian magistrate. It was 59 pages long, and it was finally unsealed Friday (Jan. 25). Delayed release of criminal affidavits is common in jurisdictions which require them, so as not to prejudice ongoing investigations or spoil witness cooperation.

MGRR has not been able to review a copy of the document itself, but redactions of key points of the affidavit were published last week by several sources. Here are two of them: Unsealed RCMP affidavit could affect case of Canadian charged with helping Gaddafi-son escape Libya; Former SNC-Lavalin exec funnelled $160-million to Gadhafi son, RCMP says.

The affidavit certainly won't help Vanier any, and its publication could not have come at a worse time. According to the RCMP agent who drafted the document, Vanier was paid $740,000 by a SNC-Lavalin controller to lead a "fact finding mission to Libya." But Canada's National Post reported on Friday that "Cpl. Brenda Makad portrayed the 2011 mission headed by Ms. Vanier as part of a smuggling plot" to get key Gaddafi family members into Mexico. Mexican prosecutors have contended all along that her role was to assist with fake passports, and to ensconce them in luxurious properties on the country's Pacific coast, including Puerto Vallarta. The Mountie affidavit unequivocally corroborates their claims.

The Post also reported that the Canada Border Services Agency (CBSA) is attempting to deport Vanier's alleged partner in crime, Gary Peters. Peters, an Australian who immigrated to Canada in 2008, is described as "Mr. Gaddafi’s Ontario-based bodyguard." According to the paper, CBSA is asserting that Peters' "work for Gaddafi made him complicit in the war crimes of the Libyan regime." Vanier hired Peters to accompany her to Libya, using some of the money she received from Lavalin. It's not clear why their planned 10 day trip would have cost nearly three quarters of a million dollars.

It should be noted that affidavits are mere assertions by police officers (although commonly sworn to under the penalty of perjury). In the Anglo-American system of criminal law, affidavits themselves are almost never directly admissible as evidence during a trial. Instead, prosecutors must present one by one the witnesses and underlying documents which allegedly support the search warrant affidavit. At times, the allegations of an affidavit completely dissolve at trial and prove groundless - but not usually.

The Mexican criminal system follows none of these rules, of course. It's unclear whether prosecutors here even know about the document, or whether they would make any attempt to translate and use it. Vanier and her defense attorneys must surely be hoping that the answer to all those questions is no.

MGRR has reported on the Vanier case since her arrest was announced 14 months ago by Mexico's Attorney General. For more background on the facts, consult the stories below. MGRR will report the judge's verdict as soon as it's announced.

Apr. 19 - Mexican Supreme Court orders Canadian Cynthia Vanier released, on legal technicalities

Cynthia Ann Vanier case
Mexican president Felipe Calderón opines on Vanier case
Canadian woman, three others to stand trial in failed Gaddafi smuggling plot
Mexico busts plan by Gaddafi son to enter country, allegedly with foreign aid
Canadian in Gadhafi smuggling conspiracy ran an "Instant Response Team"

Saadi Gaddafi never made it to P.V. He won't have to worry about which street corners to avoid.