The lawyer for a man accused of sending letter bombs to his ex-wife and two Winnipeg law firms said the Crown has not proven its case beyond a reasonable doubt.
Saheel Zaman presented his closing submissions Tuesday after seven weeks of testimony in the attempted murder trial of Guido Amsel.
Amsel has been "unshaken" in his testimony, Zaman told Judge Tracey Lord.
"If you believe the evidence of the accused, you must acquit him, and we say that you should."
Amsel, 51, is charged with five counts of attempted murder, as well as aggravated assault, mischief and several explosives-related offences in connection with three bomb packages sent in July 2015 and a December 2013 explosion at his ex-wife's home in the Rural Municipality of St. Clements.
In his closing arguments, Zaman said DNA evidence at two locations where the bombs were sent, which experts linked to Amsel, could have come through other means.
"Just because there is DNA … it can't tell you there was direct contact. It can't tell you who was the last person to touch the exhibit," or if the last person to touch the exhibit left any DNA, Zaman said.
For instance, he argued, DNA found at one law office where a bomb exploded could have been left by Amsel when he earlier browsed through legal files while representing himself in a financial battle with his ex-wife.
A bomb that exploded in July 2015 severely injured Maria Mitousis, a lawyer who had represented Amsel's ex-wife in a lawsuit over an autobody shop the couple co-owned.
Two other bombs were found later that week and safely detonated by police.
Among the Crown's evidence are two handheld voice recorders that were found in a safe at Amsel's home. The bomb that injured Mitousis was contained in a voice recorder and it exploded when she pressed the play button.
A bomb that exploded in July 2015 severely injured Maria Mitousis, a lawyer who had represented Amsel's ex-wife in a lawsuit over an auto body shop the couple co-owned. (John Einarson/CBC)
Amsel testified earlier this month that he used the recorders in his home to record Christmas songs with his children and conversations with a lawyer. He denied any involvement in the bombings or any knowledge of how to make bombs.
"They were not being used to build bombs," Zaman repeated to Lord on Tuesday.
He spent a great deal of time during the trial detailing the police seizure of countless exhibits following the explosions, alleging insufficient measures were taken to prevent cross-contamination.
Court has heard Amsel's DNA was found on a piece of string found near a crater left by a 2013 explosion outside the home of his ex-wife, Iris, and on a plastic pouch that held the digital recorder delivered to Mitousis.
Amsel has testified he feels Iris is behind the bombs — going so far as to send bombs to her own home and workplace — and he believes some lawyers and police officers have been involved in efforts to build a case against him.
Zaman said Amsel's theories are not evidence of any guilt.
"It's indicative of a man trying to make sense of why he has been charged with something he didn't do."
Court has heard Amsel and Iris divorced in 2004 and continued to work together at his autobody shop until he came to believe she had stolen up to $4 million from the business. Amsel went to police with his complaint in 2011, and later brought it to a number of lawyers, Zaman said.
Court has heard testimony the bombs were made with triacetone triperoxide, or TATP, a highly volatile compound that can be synthesized from easy to obtain household chemicals. A search of Amsel's Pandora Avenue home uncovered no evidence Amsel had been synthesizing TATP.
"Did you hear any evidence a search of his computers showed he was looking up how to make TATP?" Zaman said. "There was none of that in respect to this matter."
