CALGARY — A Calgary defence lawyer has asked a judge to acquit his client of manslaughter because he says the Crown’s case is too weak.
Darren Mahoney is representing Allan Perdomo Lopez, who is charged in the death of his five-year-old grandson Emilio Perdomo.
The judge-alone trial heard the boy died from a traumatic brain injury shortly after he arrived in Canada from Mexico.
Mahoney has asked Queen’s Bench Justice Richard Neufeld for what’s known as a directed verdict of acquittal.
He says the Crown has not presented evidence that could prove beyond a reasonable doubt that his client committed an unlawful act that caused the boy’s death.
Mahoney adds that if the case were being heard before a jury there would be a risk of a wrongful conviction.
“There’s no evidence of anyone observing the actual injury, how it took place, the manner the injury was sustained or if it was a blow, or if it was by a fall… There’s no evidence of how it happened,” Mahoney said Wednesday.
“All you’ve been given is a bunch of possibilities.”
Prosecutor Vicki Faulkner argued the accused’s recorded admission of guilt constitutes direct evidence.
The trial heard a police intercept earlier this week of Perdomo Lopez saying “I didn’t want to kill that child” while praying.
A forensic pathologist who conducted the boy’s autopsy testified there was not enough evidence to classify his death as either an accident or a homicide. But other expert testimony for the Crown suggested Emilio’s injuries were inflicted by someone.
Neufeld is to deliver his decision on Mahoney’s motion seeking a directed verdict later Wednesday.
Lauren Krugel, The Canadian Press