Amanda Todd case: Defence wraps closing arguments, disputes Crown theory of one sextortionist

NEW WESTMINSTER, B.C. -

A lawyer for the man accused of sexually extorting Port Coquitlam, B.C., teen Amanda Todd has now finished delivering final submissions for the defence, arguing there is evidence of different people behind accounts that had communicated with Todd, some in a threatening way.

Dutch citizen Aydin Coban has pleaded not guilty to extortion, harassment, child luring and possession of child pornography. His lawyer Joe Saulnier began delivering closing arguments for the defence on Tuesday afternoon, telling the jury it’s their position the Crown has not proven the charges against his client.

“When you look at all of this evidence, and you look at all the inferences you’re being asked to draw, and the fact there are so many different inferences to draw, so many possibilities,” Saulnier said. “You cannot be satisfied beyond a reasonable doubt the guilt of Mr. Coban…I ask you to acquit Mr. Coban.” 

The Crown’s theory is a single sextortionist who was behind 22 phony online accounts tried to use explicit photos of Todd to get her to perform sex acts online beginning when she was 12 years old, and when she did not comply, would send links to her family, friends and others. Todd died by suicide at age 15 in 2012.

Saulnier addressed part of the Crown’s final submissions dealing with similarities in language they say could be found between messages sent to Todd and to others.

“I say Crown established there are connections between these accounts,” he said. “I agree it’s not a coincidence. That doesn’t mean it’s the same person.”

Saulnier went on to point out differences in the ways some of the messages were written, including one username which he said properly used capital letters while others didn’t, and different online abbreviations for words.

He also alleged some of the Skype accounts which the Crown have argued were the same person appear to have chatted with each other, or had a Skype call with each other.

CHILD PORNOGRAPHY CHARGES

On the possession of child pornography charges, Saulnier referred to a video file name containing the words “Amanda Todd” located on a playlist which the court heard was found on one of the hard drives seized in the Netherlands.

“We don’t know what this video file was,” he said, and added the court also heard testimony that Todd would post videos of herself singing on YouTube. “It’s not something on which you can rely to say there was a data file of child pornography.”

Saulnier argued there was a “hole” in another Crown theory, regarding testimony about a topless photo of Todd used as a profile picture by a Facebook user named “Austin Collins”.

“When we go to the actual Facebook records, we do not see a photo upload or that photo,” Saulnier said. “That’s what we’re talking about when we're talking about whether child pornography was possessed.”

Prosecutor Marcel Daigle previously argued in order to upload a photo as a profile picture, a person must have that file on their digital device.

“If you accept my submission that there was one sextortionist,” Daigle said. “Then this is evidence, this one photo. This is sufficient evidence of possession, to conclude the sextortionist had child pornography in their possession.”

Todd’s mother Carol had testified about seeing a topless photo of her daughter used as a profile picture for an account named “Austin Collins” in November 2011. A high school friend of Todd’s also testified about a “pornographic” picture of Todd posted by a Facebook user named “Austin Collins” at the same time.

Saulnier added the court did not hear expert evidence about how videos might be played on a web-cam-based site referenced in a message the Crown says was sent to Todd, which indicated her video was being played there “non-stop”.

“We don’t have the evidence to back up that theory, in my submission,” Saulnier said. “We should be cautious taking anything an extortionist like this is saying.”

NETHERLANDS INVESTIGATION

Saulnier also argued there were reasons to have “questions” about the investigation by Dutch police at a bungalow in the Netherlands where Coban was arrested in January 2014.

He referred to testimony that covert police operations had been carried out at the residence in the month prior to Coban’s arrest, in which the court heard monitoring or key logger software was installed.

“We don’t really know what they (the covert team) did,” Saulnier said. “Most of the questions I asked about this were answered with, ‘That’s confidential.’”

Saunier also argued Coban had other people come visit at the bungalow, despite testimony from witnesses who did not see anyone else during the time they were observing the property.

“The Crown didn’t say that Mr. Coban never had visitors,” he said. “You can’t say that Mr. Coban is some sort of hermit and no one else ever goes there.”

He also referred to police photos showing wrappers for chocolate in the bungalow, and said Coban’s childhood friend had testified he hated chocolate.

Saulnier brought up the testimony about chocolate again in relation to one of the online aliases that was discussed in the trial: “Tomas Coco Pops."

“I’m just going to double down,” he said. “Coco Pops are a chocolate cereal…strange thing to call an account for someone who hates chocolate.”

Saulnier also revisited an argument he had first raised on Tuesday, when he said there has been “a great deal of” evidence in the trial about Coban repairing computers and replacing hard drives, and added “it’s my submission that this can account for some of the devices in his possession.” 

CROWN CLOSING ARGUMENTS

Lead prosecutor Louise Kenworthy finished closing arguments for the Crown on Tuesday by asking the jury to find the accused guilty on all counts.

“All roads lead to Mr. Coban,” Kenworthy said. “He is the person who committed these offences. There is no other reasonable inference.”

Kenworthy told the court the case is circumstantial when it comes to identification, and added jurors have to be satisfied “the only reasonable inference is that Mr. Coban is the person who committed these offences.”

“We have now provided you with many reasons why we say you can be sure Mr. Coban is the person who committed these offences,” Kenworthy argued. “I would suggest that you don’t need to accept all or even most of the inferences we’ve invited you to make…in order to be satisfied that Mr. Coban is the person who committed these offences. This is a clear case.”

Kenworthy also went over what the Crown alleges are connections between the accused and multiple hard drives seized at a bungalow in the Netherlands where Coban was arrested in January 2014. She alleged two of the hard drives contained a “treasure trove” of information related to offending online aliases and Todd.

Todd’s mother Carol said the case is now entering its very last stretch, after years of waiting.

“This piece of Amanda’s story will finally have a closing piece. But by no means is Amanda’s story or her legacy over,” Todd’s mother said. “This is probably an unprecedented case, that will probably set some legal precedents no matter which way it goes…we also have to have that impact on the parents, which I think by having media stories about Amanda, there’s lots of conversations that have started over the kitchen table these days, and that’s what’s important.”

The defence did not end up calling any evidence in the trial. The jury heard seven weeks of testimony involving dozens of witnesses prior to the start of closing arguments.