Case against Travis Vader in McCann deaths mere speculation, lawyer says

Travis Vader's lawyer emerged from the Edmonton courthouse happy andsmiling,relieved the three-monthfirst-degree murder trial is finally over.

"Well I'm very pleased with it, personally," Brian Beresh said outside court. "Absolutely. Because I think that we were able to show the difference between what is truly circumstantial and what is speculative. That really became obvious."

Vader, 44, has pleaded not guilty to first-degree murder in thedeaths of Lyle and MarieMcCann, who were in their late 70s whenthey vanished while on their way to a family camping trip in 2010.

They were last seen July 3 of that year as they fuelled up theirmotorhomein their hometown of St. Albert, a bedroom community northof Edmonton, before they headed out to British Columbia.

During his closing submission, Beresh said, "At the end of the day, this really isn't that complicated a case." He argued there was a lack of "fundamental evidence" in the crown's case.

"In the end (speculation) is no substitute for real evidence.We say at the end of the day, 'Where's the beef? What's the beef?There should be some beef and there isn't.'

Prosecutor Ashley Finlayson declined to speak to the media outside court. On Wednesday he argued all the evidence should lead the judge to the "inescapable conclusion" that Vader murdered the McCanns.

Decision to comeSept.15

Justice Denny Thomas has heard evidence from 89 witnesses and has a small mountain of exhibits to wade through before he reaches a decision.

He explained to the court, "As much as I'd like to have all summer to devote to this, I have to get back to some of the other assignments I have."

Thomas plans to hand down his verdict on Sept.15.

Vader is disappointed he'll have to wait nearly three months, Beresh said.

But headded, "Of course he's appreciative that much time is going to be taken.None of us would be happy if there was a decision available tomorrow morning.

"People would say how much time was really spent giving that consideration? So there's a balancing that goes on here."

Tunnel vision

At the start of the trial, Beresh accused the RCMP and crown of tunnel vision.Withthe case wrapped up, he says he feels even more strongly about it.

"Now I've seen pieces of evidence that were overlooked and not pursued," he explained."It's easy to conclude there's only one suspect if you only investigate one person."

RCMP declined comment while the case is still before the courts.

The courtroom was so packed for closing arguments, the judge invited members of the public to sit in the vacant jury box.

Vader's fiance, Samantha Dandenault, was one of the people who sat where members of the jury normally hear evidence.

Afterwards outside court she said, "I'm just glad it's done with.You know Brian did a very job and it looks good, so I look forward to hearing the verdict."

'Vigilante' justice

Earlier in the dayBeresh told thecourtthat the Crown reliedalmost entirely on a theory used in the past by vigilante groups.

"'Must have happened this way' was the standard applied byvigilante groups that often executed the wrong person," Beresh said.

"There is an absence of fundamental evidence in this case uponwhich you could ever convict Mr. Vader."

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Beresh arguing in front of a packed courtroom with manymembers of the McCann family present pointed out that without thebodies of the McCanns, there's no real proof the couple is evendead.

He took a similar tack with other pieces of Crown evidence. Hesaid there's nothing to prove, for example, that Vader ever actuallyhad the McCann's cell phone, used the day of their disappearance, toplace calls to Vader's ex-girlfriend.

Beresh suggested that two key Crown witnesses, who identified anSUV Vader was driving as similar to one owned by the McCanns, hadconspired against his client and lied about the identification.

Evidence may have planted, lawyer says

He said the keys to the McCann's SUV, later found in a truck that Vaderhad been driving, could have been planted there by police officers.

The keys, Beresh said, were discovered long after the truck wasfirst found and searched.

"We suggest those keys were not present when the vehicle wastaken to the storage yard."

DNA evidence placing Vader inside the McCann's SUV is sketchy atbest, Beresh said, and doesn't prove anything more than Vader was atone time near the vehicle.

Drops of Lyle McCann's blood, which werefound on his hat, could have come from the nosebleeds to which theman was prone.

Beresh said there's no evidence to show that Vader was broke orout of money.

"This is an attempt to paint Mr. Vader as a bad person, which wesay is being used as a substitute for any real evidence."

On Wednesday, prosecutor Ashley Finlayson acknowledged theCrown's case was circumstantial.

But he asked Thomas "to consider the totality of the evidence asa whole."

The trial is now in its fourth month. Thomas has heard testimonyfrom more than 80 witnesses and examined about 200 exhibits.

janice.johnston@cbc.ca

@cbcjanjohnston