Final Statements in Whitby Assault Case

The courtroom in Oshawa was packed on Wednesday as lawyers presented their closing arguments in a violent assault trial from Whitby. Anthony Doiron-Francis is charged with attempted murder and aggravated sexual assault after allegedly attacking a woman while she was walking in the summer of 2020.

Many people attended to support the victim on one of the last days of the trial. Holding signs like ‘Be positive’ and ‘We stand with you,’ the victim struggled to hold back tears, touched by the number of strangers who came out for her during this difficult time.

In his closing remarks, defense attorney Marco Sciarra admitted that the accused did attack the 50-year-old woman but argued that it happened because he was caught filming her from behind. Sciarra claimed his client got into an altercation with her, which led to him losing his phone during the struggle. However, the defense disputes the Crown’s claim that Doiron-Francis sexually assaulted her and attempted to kill her.

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“There’s no independent evidence that a rape ever occurred,” Sciarra stated.

Earlier in court, Doiron-Francis said that during their struggle, the victim’s pants were removed, leaving her exposed.

The defense argues this shouldn’t be classified as sexual assault.

“If somebody’s privates are exposed during an assault, I would submit it doesn’t account to a sexual assault,” Sciarra remarked.

Doiron-Francis acknowledged things escalated on that day in July 2020. Surveillance footage from July 28 showed him following the victim for over two hours. On the witness stand, he said he intended to film her due to his “perverse porn addiction.” When confronted, Doiron-Francis confessed to hitting her several times in an attempt to silence her.

The Crown contends that her injuries stemmed from his failed attempt at rape – a point Sciarra claims remains unproven.

“Their theory is that he got to a point where he intended to kill her because he couldn’t complete the rape,” he explained.

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“It’s not supported by any of the evidence.”

Read more: “If I wanted her dead, she’d be dead”: Suspect testifies on day four of Whitby assault trial

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The accused testified that when she spotted him filming her, that’s when he started hitting her. He claimed it was out of fear of being caught with what was on his phone.

The struggle caused them both to fall into a creek below; according to him, he lost balance and grabbed onto her pants – pulling her down with him. Doiron-Francis described how they fought and ended up with his full weight pressing down on top of her at the bottom of a slight slope. Afterward, she was found without pants on.

While there wasn’t definitive proof of rape, the Crown insists there was intent present. Sciarra countered that it’s simply not possible.

“The unknown location, terrain issues, losing shoes – there’s no plan for executing such an assault. This court cannot conclude beyond reasonable doubt that it’s been proven he intended to rape her,” Sciarra asserted.

The victim suffered life-altering injuries and was found half submerged in a creek bed without pants on. She wasn’t discovered until police located her during a search the next day; she had multiple injuries and was declared medically dead while being transported to trauma care.

Dra Aaron Nauth from St. Michael’s Hospital testified earlier about extensive injuries all over her body including various facial fractures and severe damage around areas like jaws and skull along with numerous scrapes and bruises. Nauth stated such severe injuries could only result from either serious vehicle accidents or repeated blunt force trauma like being hit multiple times in face with an object.

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Crown Attorney Tammy Holland argued that evidence given by defense does not reflect what actually took place.
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“The accused’s claims regarding not attempting murder or sexual assault aren’t backed by medical evidence or physical proof,” Holland pointed out.

Read more: Trial begins in violent Whitby trail assault case

Concerning Doiron-Francis’ alleged porn addiction , Holland highlighted there wasn’t any video involving victim found anywhere on his devices. Furthermore , she noted conversations where Doiron-Francis expressed anger about hitting someone didn’t mention anything about being confronted first.

“He told his friend Tyler he was mad , walked up behindherandhither , ”she noted.

The prosecution questioned how credible it is he’d stalk someone just for filming purposes if he’d follow them until dark.

“It makes no sense why he’d keep following until dark for such reasons,”Holland argued.

“All these details I’ve mentioned were efforts made trying explain why he’d physically attacked this woman leading into wooded area while explaining why she’d lost clothing.”

D uring court proceedings , prosecutors revealed multiple Google searches made shortly after incident including queries like “Whitby News,” “personofinterest,” “whenyourfaceiswantedisthatbad?,” “howtoknowifyourphoneistracked” among others relatedtoattemptedmurder. Holland concluded final arguments stating though suspect claimed lifted headout water ensuring she’d survive , he performed actions aimed toward preventinghergettinghelp.

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“Extreme natureinjurieswere life-threatening. Thelocationwherewasfoundwithoutapurse, keyscellphone. Heintendedkillher believedhad.”The judge will now review both accounts before reaching verdict decision is expected until new year.

& copy 2023 , a division Corus Entertainment Inc.

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