Dube’s lawyer’s now replying to Crown’s closing arguments
WARNING: This post contains graphic details.
The onus is on the Crown to prove lack of consent beyond a reasonable doubt, Lisa Carnelos, Dillon Dubé’s lawyer, puts to the judge.
“The burden never shifts and that’s where Your Honour should focus your analysis.”
Carnelos says there was no collusion between Foote and Dubé, and the Crown wants the judge to draw inferences from omissions, which is impossible to do.
E.M. never claimed anyone was holding a golf club, the lawyer says.
“There were golf clubs in the room because there was a golf tournament the next day,” Carnelos says.
(During her testimony, E.M. said the men joked about putting golf clubs and golf balls inside her vagina.)
She says calling the men “young boys” during her closing statements was “a slip of the tongue” and she is not alleging any age difference between her client and E.M.
Carnelos also says the Crown “fairly corrected” her comment that E.M. was “enjoying” her conversation in French in the room that night, but adds the conversation was “friendly” and that E.M. said she was “comfortable” because she starts to speak French when she’s drunk.