Unfair to judge Edmonton bar promoter on his sexual history, defence tells jury
CBC News | Posted: January 8, 2020 12:33 AM | Last Updated: January 8, 2020
'If you believe him, you have to acquit,' Dino Bottos says
It would be wrong and unfair to judge Matthew McKnight's credibility based on his active and lengthy sexual history, a defence lawyer told an Edmonton jury during closing arguments on Tuesday.
McKnight has pleaded not guilty to 13 charges of sexual assault involving 13 complainants during a six-year period between 2010 and 2016. The women were aged 17 to 22 at the time of their encounters with McKnight.
He worked as a bar promoter and met the complainants on the job. He admitted he had one-night stands with all 13 women, but insisted the sex was always consensual.
Defence lawyer Dino Bottos reminded the jury that the Crown has characterized McKnight as "a sexual barracuda" and "a predator," and asked them not to penalize his client for his sexual past.
"You don't decide somebody's credibility based on their sexual history," Bottos said. "It's not just unfair, it's improper to suggest a man who slept with so many women is more likely to have committed a sex crime."
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During cross-examination, McKnight admitted he had between 200 and 300 sexual partners between 2010 and 2016.
Bottos thanked the jurors for sitting through 12 weeks of testimony and warned them his closing submissions were 131 pages long and would likely take longer than a day to deliver.
"So much time has been put into this case," Bottos said. "Lawyers have put in thousands of hours just to get to this point where you will declare guilty or not guilty."
He reminded the jury that McKnight spent eight days on the witness stand.
"We needed to show you the other side of the story," Bottos said. "He said he never sexually assaulted or sexually violated any of these women. He had their consent. If you believe him, you have to acquit."
'A sexual barracuda'
Throughout the hours his lawyer addressed the jury, McKnight sat at the defence table facing the jury. His parents were in the front row of the gallery, and many of his friends were also in attendance.
"I don't think it was easy for him to explain his sex life in front of the 11 of you in open court," Bottos said. "But he had to. He wanted to. To show you his side of the story."
The defence lawyer said his client prepared for the trial "like his life depended on it" and reminded the jury about the presumption of innocence and proof beyond a reasonable doubt.
"Don't dismiss him because he has an interest in his own outcome," Bottos said. "Of course he does. The complainants also have an interest in the outcome."
All the complainants were vigorously cross-examined while on the witness stand.
Bottos described the process as the women being "grilled," and asked the jury not to hold that against his client during their deliberations.
"An accused person has the right to confront their accuser," Bottos said. "These women are making allegations that will change the entirety of Mr. McKnight's future."
During the trial, some complainants said they had blacked out and woke up to find McKnight having sex with them. Six women said they were unknowingly given the date rape drug GHB, or gamma-hydroxybutyric acid.
"Let's get real," Bottos told the jury. "There's not a single piece of hard evidence, medical evidence, any of these women was drugged. Nothing.
"We've got inconsistencies in spades for all of these complainants."
Bottos is expected to conclude his closing arguments Wednesday. The jury will then hear from the Crown prosecutor.