The crown and defence made closing arguments to a judge on Wednesday in the trial of Toronto pastor Brent Hawkes.
Hawkes, a well known pastor, is facing charges of indecent assault and gross indecency related to allegations of a sexual assault in the 1970s.
His lawyer Clayton Ruby argued that the crown had “many problems” meeting the burden of proof beyond a reasonable doubt. He pointed to evidence that made key witness testimony “unreliable”.
The evidence he referred to was the fact the witnesses were drunk and that some statements made during the trial were contradictory.
The witness, who is the complainant in the case and can’t be identified under a publication ban, said he remembers “barely being able to stand up” and that he had “an out-of-body experience.”
Ruby, in his argument, said the witness likely had “imagination inflation” due to excessive consumption of alcohol.
The defence also referred to the man as middle-aged, and insinuated he did not recall events correctly since they were so long ago, back in the mid ’70s.
During the trial, Timothy Moore, chair of the psychology department at York University’s Glendon College, took the stand and told the judge that in this case, memories can be different from reality.
A judge will render a decision on the trial in a Nova Scotia court on January 18th.