The defence in a trial of two Mormon fundamentalists charged with polygamy has questioned the reliability of religious records and evidence supporting the indictment during closing arguments in B.C. Supreme Court.
Winston Blackmore and James Oler, who are associated with the Fundamentalist Church of Jesus Christ of Latter-Day Saints community of Bountiful, B.C., were charged three years ago.
Crown attorney Peter Wilson relied heavily on marriage and personal records seized by law enforcement from the Yearning for Zion Ranch, an FLDS church compound in Texas in 2008, during the 12-day trial.
On Thursday, Mr. Blackmore’s lawyer Blair Suffredine attacked the credibility of the records while also charging that the Crown hadn’t proved the elements in the indictment.
Mr. Suffredine argued that prosecutors needed to prove both a continual form of practising polygamy as well as a form of conjugal union, but marriage records only offer a snapshot of one moment in time.
“There’s no evidence of who they lived with or how they lived,” Mr. Suffredine said.
The records are handwritten or typed, documenting “celestial” marriages over a period from 1990 to 2014 and some have a fax header from 2002, meaning they’re not original, Mr. Suffredine said.
When they were found inside a secure vault in the FLDS Eldorado compound, they were unorganized and gathered from separate boxes and locations, Mr. Suffredine said.
He suggested the Crown failed to prove that going through a marriage ceremony proves a conjugal union, noting that there was no evidence on how Mr. Blackmore lived with his wives, what home life was like, what economic supports were or the attitudes toward childcare.
Mr. Oler is self-represented, but has the services of Joe Doyle, an amicus curiae, who serves as a friend of the court to ensure a fair trial, although he cannot offer any legal advice.
Mr. Suffredine opted not to bring a defence case or witnesses forward. The Crown will present a rebuttal on Friday.
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