The lawyer representing a former Edmonton nightclub employee convicted of sexual assaulting five women says his client “simply went too far” and should serve between five and nine years in prison.
Matthew McKnight, who is 33, was accused of sexually assaulting 13 women ranging in age from 17 to 22 between 2010 and 2016. He pleaded not guilty, but a jury convicted him on five counts.
His defence lawyer, Dino Bottos, made his recommendation Friday in the Court of Queen’s Bench in Edmonton on the fifth day of McKnight’s sentencing hearing.
“I’ve never been involved in a case where the Crown and the defence have been so apart,” Bottos said.
“The Crown submits 22 1/2 years with little to no reduction for mitigating factors is appropriate. I am suggesting … the sentence should be between five and nine years.”
READ MORE: ‘You haunt my dreams’: Sex assault victim confronts ex-nightclub worker in Edmonton court
Court has heard McKnight met most of the women in bars and assaulted them at his apartment.
Several victims told court last week that they have had nightmares, thoughts of suicide and anxiety since they were attacked.
Crown prosecutor Mark Huyser-Wierenga argued that alcohol and “something else” were used in at least three of the offences, what he dubbed “drug-facilitated” sexual assaults.
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Bottos said there wasn’t enough evidence to say that the women were drugged.
“There is no merit to this argument and it was not proven by a reasonable doubt,” he said Friday.
Alcohol was involved, Bottos said, but he argued it wasn’t used by McKnight in a premeditated attempt to sexually assault the women.
“Isn’t it far more likely .. that Mr. McKnight engaged in this lifestyle — a businessman, a bar promoter — which included buying a lot of people drinks?” Bottos suggested to the judge.
He said the lifestyle included inviting women who he was interested in back to his apartment.
“He slept with 200 to 300 women over six years,” said Bottos. “That included eight women that he was found not guilty of sexually assaulting.
“In these five, he went too far.”
READ MORE: Edmonton nightclub consultant found guilty of 5 counts of sexual assault, not guilty of 8
Bottos suggested McKnight didn’t get proper consent from the women.
“These five women were caught up in that lifestyle,” he said. “You can call it reckless, you can call it irresponsible.
“That does not mean he was predatory, purposeful.”
Bottos said a different argument could be made if the Crown had proven all 13 cases or if the five had happened closer together rather than over a period of six years.
“The only pattern was … from the bar scene,” he said.
Crown prosecutors recommended consecutive sentences, which would be served one after another, because each of the five offences was separate. They asked for two terms of four years, one of 4 1/2 years and two at five years — for a total of 22 1/2 years.
The hearing is set to continue Thursday.
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