TORONTO — The case against Peter Nygard is built on a "false narrative" created by complainants whose testimony was not credible and at times "painfully absurd," the former fashion mogul's defence lawyer argued in his closing submission to the jury on Tuesday.
Brian Greenspan told Nygard's sexual assault trial that the Crown's case is based on “contradictions and innuendo" that do not meet the burden of proof and that much of what has been said about his client in court is "revisionist history."
"You cannot, you must not act on speculation or suspicion, "Greenspan told the jury. "Suspicion is no substitute for proof.”
The Crown's closing arguments will be made Tuesday afternoon.
Nygard, the 82-year-old founder of a now-defunct women's fashion company, has pleaded not guilty to five counts of sexual assault and one count of forcible confinement in alleged incidents ranging from the 1980s to mid-2000s.
Multiple complainants in the trial have alleged they were taken to Nygard's Toronto headquarters under pretences ranging from tours to job interviews, with encounters ending in a top-floor bedroom suite where they allege they were sexually assaulted.
Nygard denied those allegations as he testified in his own defence and said he has never done the things the complainants have accused him of. He also said he did not recall meeting or interacting with four of the five complainants.
In his cross-examination, the Crown attorney suggested inconsistencies and contradictions in Nygard's remarks to police in 2021 and his testimony in court.
Nygard's lawyer said his client was a hard-working businessman who led a very public life.
"At the outset of this trial the prosecution attempted, in our submission, to paint a false narrative, to describe Nygard as an evil predator," Greenspan said, arguing that portrayal is “neither fair nor accurate.”
"His life was neither hidden nor secreted. Nor were his workspaces. Nor were his homes. Nor were his private quarters," he said. "His lifestyle was open and transparent.”
Greenspan argued that it's "inconceivable that a person so public” would engage in violent sexual misconduct “and gamble on the hope” that the victims would be too intimidated by his wealth and position in society to report it.
Greenspan went through the details of all the charges against Nygard, arguing that in each case the complainant's testimony was unreliable or not truthful, at times describing specific claims as "pure nonsense" or "simply absurd."
He also suggested that some of the complainants were motivated by a class-action lawsuit against Nygard in the United States.
The jury is expected to begin deliberating their verdict in the case this week.
This report by The Canadian Press was first published Nov. 7, 2023.
Sonja Puzic, The Canadian Press
