(New Westminster) Sharing a link is ‘not child pornography’, said the defense attorney for a Dutchman accused of harassment and extortion of British Columbia teenager Amanda Todd.
Posted at 10:27 p.m.
In the Supreme Court of British Columbia, Joseph Saulnier told the jury in Aydin Coban’s trial on Wednesday that there was evidence that a video titled “AmandaTodd.wmv” was played on a device seized from Coban’s home. its client, but it was not stored as a data file.
Aydin Coban has pleaded not guilty to extortion, harassment, communicating with a minor to commit a sexual offense and possession of child pornography in connection with the teenager from Port Coquitlam, British Columbia.
Earlier in the trial, Crown prosecutor Marcel Daigle cited testimony from a Dutch police officer who said a deleted video file called “AmandaTodd.wmv” was played on one of the devices in December 2010, which corresponds to a time when Amanda Todd was actively harassed.
However, M.e Saulnier clarified that the evidence “does not support the existence of a child pornography data file on Amanda Todd.” The jury should acquit his client on the charge of possession of child pornography, he added.
The video was sent as a link, but there is no evidence that it was stored as data on the devices seized, M added.e Saulnier on the second day of his argument.
“Can you look at this and be convinced beyond a reasonable doubt that you possess a child pornography data file? he asked. ” Nope. »
Crown Attorney Louise Kenworthy concluded her closing arguments on Tuesday by saying there was a “treasure trove of information” linking Aydin Coban to the harassment and extortion of Amanda Todd.
When the trial began nearly two months ago, the Crown told the jury that Amanda Todd had been the victim of a persistent online ‘sextortion’ campaign before her death at the age of 15 in October 2012 .
Me Saulnier focused on the Crown’s claim that it was the same person, Aydin Coban, who operated various accounts involved in the harassment of Amanda Todd.
“I say that the Crown has established that there are links between these accounts. It is not a coincidence. I agree it’s no coincidence, he said. That doesn’t mean it’s the same person. »
He pointed out the differences in how capitalization, grammar, apostrophes and abbreviations were used, then contrasted the way Amanda Todd wrote throughout the exchanges.
“So again, Amanda Todd, she writes in lowercase, not using capitals, it’s consistent,” he said. She writes the same way. »
The defense attorney also told the jury that various Facebook accounts targeting Amanda Todd ran on internet browsers that weren’t found on the seized devices.
“It’s a big hole in the Crown theory,” he said. It’s actually proof that people are accessing those Facebook accounts from other devices, from other computers, proof that other people are using those Facebook accounts. »
No Facebook cookies were found on the devices seized, according to Me Saulnier, referring to data elements that websites use to track users and their preferences.
“Even if you manually or automatically delete your cookies… for privacy — that (deleted) cookie — it goes into the deleted space,” he said. Finding a fragment does not mean that whoever had this device is the author of the message. »
Me Saulnier had said on Tuesday that what he called fragments of computer data cited by the Crown could not link Aydin Coban to the extortion and harassment of Amanda Todd.
He argued in his closing argument that the devices found in Aydin Coban’s house did not necessarily belong to him.
“My argument in evidence was that he repaired computers. He was a computer scientist, he told the jury. It makes sense that Mr. Coban, if he looks at someone else’s device, connects it to something. »
All of this evidence points to someone else and not Aydin Coban who was involved in the harassment and extortion of the teenager, he added.
“On all counts, the Crown has failed to prove beyond a reasonable doubt that Mr. Coban is the author of these messages. She has not proven beyond a reasonable doubt that Mr. Coban committed these offences. I asked you to acquit Mr. Coban,” he said.
Judge Martha Devlin is due to give her final instructions to the jury on Friday before they begin their deliberations.
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