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Extortion acquittal on appeal

An Edmonton man sentenced to four years in prison for extorting money from the father of a supposed kidnapping victim has been acquitted of the charge on appeal.

EDMONTON — An Edmonton man sentenced to four years in prison for extorting money from the father of a supposed kidnapping victim has been acquitted of the charge on appeal.

James Tuyen Banh, 35, had his extortion conviction quashed after the Court of Appeal of Alberta ruled the trial judge’s verdict was “unreasonable.”

The three-judge panel found the trial judge’s reasons for finding Banh guilty were based on a “fragile basis” and a “weak foundation.”

The panel said the evidence used by the judge to convict Banh consisted of him being seen with a co-accused who was also convicted, him being found by police at the home where the supposed kidnapping victim was being held and his resisting arrest when police raided the home.

The panel said the inference that Banh shared a common intention with co-accused Terry Borja was not supported by the evidence.

Banh and Borja, 32, were sentenced to four years in prison on May 8 after being convicted of extortion.

However, the judge threw out charges of kidnapping, unlawful confinement and assault causing bodily harm after ruling the complainant’s evidence could not be trusted.