By Josh Hoffman (@JoNoHoffman On Twitter)

Defence argues reasonable doubt in “child removal” trial

Dec 7, 2016 | 2:56 PM

CRANBROOK, B.C. –  The defence for one of three people charged with removing a child from Canada for sexual purposes says there is reasonable doubt regarding the intentions of the accused.

Lawyer John Gustafson says the Crown has failed to prove that Brandon Blackmore took a 13 year old girl across the border in 2004 and that he had advanced knowledge she would be married and subject to sexual acts.

Gustafson is also calling into question the reliability of priesthood records and the author of Warren Jeffs, who is the former leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS).

The records show that Jeffs felt God had decided that the young girl belonged to him and he directed Blackmore to bring her to the U.S..

However, Gustafson says there is no evidence in the records to indicate Jeffs had told Blackmore about plans for an immediate marriage to take place before the girl would turn 14.

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The defence lawyer says the purpose behind removing a child from Canada is what makes the action an offense however he argues the accused could not have been certain a sexual act would be committed at the time they traveled from Canada to the U.S.

Gustafson goes on to claim Jeffs was untrustworthy of other people and inclined to secrecy, therefor it is unlikely he told Blackmore about his plans to marry the girl before she was brought to him.

James Oler faces the same charge relating to a 15-year-old girl who was also taken over the border in 2004.

Oler and Gail Blackmore are representing themselves in the trial in B.C. Supreme Court in Cranbrook.