Christopher BanishCalgary Herald - Oct 16/10 A 42-year-old city man has been convicted of luring a 14-year-old boy over the Internet to have sex with him on three occasions, despite circumstantial evidence and lack of identification of the accused by the complainant. Provincial court Judge Bruce Fraser said in convicting Christopher Banish that some other person - as defence lawyer Allan Fay argued - would have had to have access to his computer, e-mail accounts, house and vehicle on multiple occasions in the summer of 2010 to commit the offences. "In assessing such an inference one has to ask oneself why this phantom other person would commit these types of offences by using someone else's computer, e-mail addresses, home and vehicle. "Luring by computer and even the type of communication used in a website like 'men seeking men' is a highly confidential and secretive act to be protected from the prying eyes of others." Crown prosecutor Martha O'Connor had conceded that it was a circumstantial case, but relied on the fact two of the three sexual acts occurred at the accused's house, that his car was used for all three meetings and it was admitted by Banish it was his computer that was used for communication. As well, despite the fact Banish did not testify at trial, O'Connor noted the perpetrator used the name Chris. The complainant, E.L., did not select Banish but chose someone else in a police photo lineup. Fraser convicted Banish of communicating by computer with a person under 16 to commit a sexual offence, sexually touching a person under 16, inviting a person under 16 to sexually touch him, and sexual assault. The case was adjourned to Friday to set a date for sentencing. |
