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Closing arguments in case of Moncton teacher accused of sex acts

The Moncton Law Courts in Moncton, N.B. on Sept. 9, 2014. Andrew Vaughan/The Canadian Press

MONCTON – The jury heard closing arguments in the case of a Moncton high school teacher accused of sex acts with a student Thursday.

William MacGillivray is accused of child luring, sexual exploitation while in a position of authority and obstructing a police officer.

The incidents are alleged to have taken place between March and November 2013.

READ MORE: Trial begins for Moncton teacher accused of sex acts with a student

In his closing arguments, defence lawyer Scott Fowler told the jury that he believed the case hinged on the credibility of the alleged victim. He called her “troubled,” “infatuated,” “obsessed with a teacher,” and said she was lying.

He reminded the jury that the victim had said she had lied to police, her friends and her family. He also said the alleged victim never described MacGillivray’s body and said this could only be because “they weren’t naked. He wasn’t naked.”

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The alleged victim was 17 at the time of the incidents and a student at Harrison Trimble High School, where MacGillivray taught. She cannot be identified because of a publication ban.

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She cried while Fowler spoke.

In Crown lawyer Maurice Blanchard’s closing arguments, he asked the jury to “use [their] common sense” and consider “what makes sense.”

He told the jury he agreed the alleged victim was troubled, but said she likely would not have been in the situation if she wasn’t. He also said the alleged victim was never asked about MacGillivray’s body during her testimony.

Blanchard said MacGillivray told the court he was under investigation by the school board and that MacGillivray had texted with the alleged victim, but said MacGillivray never showed the text messages to anyone.

He also said that MacGillivray had told the jury the alleged victim was at his house upset past 10 p.m. one night, but that he let her leave on her own, while the alleged victim had testified on Monday that he had driven her home.

MacGillivray took the stand in his own defence

MacGillivray described the alleged victim as an excellent student, and said the sex acts never happened.

He testified that the alleged victim came to his house once, but said she showed up unannounced and upset. He said they sat in the sitting room, she followed him to the kitchen for a glass of water and also used the bathroom.

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On Tuesday, Fowler suggested the alleged victim could have looked into MacGillivray’s bedroom on her way to the bathroom.

MacGillivray told the courtroom that he sometimes texted and e-mailed with the alleged victim, but denied that they were ever flirtatious.

MacGillivray said the texts initiated because another student contacted him worried that the alleged victim was suicidal and thought he could help. He said he spoke with the alleged victim late at night the first time, but that she seemed to calm down quickly and he told her to come see him at school.

He said that he had received two photos of the alleged victim’s thighs, but the images were unsolicited.

The judge will instruct the jury Friday morning.

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