Defence counsel in a Cranbrook sexual assault trial says the alleged victim’s testimony is not reliable.
Lawyer Bobby Movassaghi reminded the jury in his closing statements Tuesday morning they must be sure beyond a reasonable doubt his client, Matthew Allen Buxton, is guilty.
Buxton is accused of raping a local woman and then smothering her face with a pillow when she tried to run away.
The indictment stems from a night last October when the alleged victim, who cannot be named due to a publication ban, says she was out celebrating with friends before she blacked out and woke up in stranger’s bed.
Movassaghi says there’s holes in the timeline established through witness testimony, including nearly one hour.
He says the woman had many opportunities to leave the bar with her boyfriend or friends but instead stayed and willingly went to Buxton’s at the end of the night.
Movassaghi then questioned why the woman didn’t tell responding officers the morning after she was sexually assaulted but waited to give a statement to police.
The defence lawyer also referenced Buxton’s statement to police.
Movassaghi submits his client admitted to assaulting the woman but repeatedly told officers the sexual intercourse was consensual.
Movassaghi asked the jury to consider all of the evidence as a whole, as the accused’s statement admits what he did do, but more importantly what he didn’t do.
He suggests the alleged victim cheated on her partner of nine years and was too embarrassed to tell the truth.
Justice Anthony Saunders is expected to give his charge to the seven man, five women jury Tuesday afternoon before they are retired to determine a verdict.