Ruse to get ransom or actual kidnapping? B.C. judge says she's not sure

When a man was taken from his vehicle at gunpoint from a mall parking lot then held in a condo for days, was he actually kidnapped, or was he playing along?

When a man was taken from his vehicle at gunpoint from a mall parking lot then held in a condo for days, was he actually kidnapped, or was he playing along?

The answer may never be clear, as even a British Columbia Supreme Court justice said she isn't sure what really happened over the span of three days in 2019.

Justice Janet Winteringham said in her ruling on Wednesday that the "entire encounter is highly suspicious."

"However, I simply cannot conclude beyond a reasonable doubt that the movement of (the alleged victim) was against his will or whether he was a co-operating participant in some scheme, either as characterized by defence counsel or otherwise."

The Vancouer courtroom heard through the trial of three men charged with kidnapping that the victim, if that is what he was, was taken at gunppoint from his vehicle in July 2019. He was taken to a nearby condominium, where he was held at randsome until being "rescued" by police two days after he was taken.

The Crown described Arnold Hue as a "less than perfect witness," Winteringham summarized while revealing her verdict, but said evidence backed up his claim that he was a victim in the operation.

But two of the three accused said at best, the Crown may prove unlawful confinement. The third denied even that charge, and all three claimed the so-called kidnapping was a ruse.