Lawyers argue perjury charges in Calgary case should be tossed

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Calgary millionaire Ken Carter had no motive to lie during a boy or girl-custody fight with his ex-girlfriend, his attorney argued Friday, in searching for his acquittal on a perjury cost.

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Defence counsel Brian Greenspan explained Carter had conceded Akele Taylor would get some custody of the daughter they shared, so deceptive the choose hearing their situation would not have superior his bring about.

And the attorney for retired Calgary police officer Steve Walton, defence counsel Alain Hepner, said there was no proof his consumer conspired with Carter to mislead the custody-hearing judge.

But Crown prosecutor Katherine Like said Carter intentionally misled Justice David Wilkins about his business enterprise relationship with Walton, whom he hired to conduct surveillance on Taylor.

Appreciate explained to Justice David Labrenz, who is presiding about the perjury demo, that Carter’s employment of Walton was “a considerable intrusion on Ms. Taylor’s existence.”

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She claimed Carter was deliberately evasive throughout his testimony in 2014, to independent himself from the operate Walton was undertaking.

“The concept is he’s hoping to distance himself from know-how of Mr. Walton’s actions,” Love reported.

“He experienced no plan what that human being was undertaking?” Labrenz requested.

“Exactly,” the prosecutor said.

Like mentioned Carter remaining the effect he did not know about the breadth of the surveillance currently being conducted on Taylor and the investigation Walton and other police officers he hired to work for him were conducting “when the evidence displays that he did know.”

But Greenspan explained Carter was forthright in his testimony in his perjury demo and answers he gave in the preceding hearing weren’t intended to be deceptive.

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“The prosecution has been, in lots of ways, an workout in semantics, not … evidence of perjury,” he stated.

Greenspan claimed Carter had conceded Taylor would get at the very least 30 for every cent custody time with their daughter but was battling in opposition to her endeavor for a 50/50 break up.

“It tends to make no sense, in the context of the custody listening to that (misleading the court) was his intent,” he said.

“(The Crown) are unable to and has not proved that Mr. Carter lied, let by itself intentionally misled the courtroom during the custody listening to.”

In the meantime, co-prosecutor Heather Morris reported Hepner’s argument anything Walton claimed didn’t improve the outcome of the custody hearing, even if inaccurate, wasn’t what mattered.

“The only point that issues is whether or not he manufactured a bogus statement and whether he intended to mislead the court docket,” she reported.

Both gentlemen ended up convicted in a separate demo of criminally harassing Taylor over the months of surveillance carried out on her but have appealed those people verdicts.

Labrenz reserved his choice and expects to determine the scenario by the finish of July.

KMartin@postmedia.com

On Twitter: @KMartinCourts