A Fort St. John man is claiming mistaken identity in his defence against charges of sexually exploiting and trafficking a 15-year-old girl across northern B.C. and Alberta's Peace River region two years ago.
Trial continued Thursday (Feb. 27) and Friday (Feb. 28) for David James Cornell, who is charged with advertising and benefitting from the sexual services of a person under 18, and making and publishing child pornography.
Crown prosecutors say the victim was under 16 years when Cornell is alleged to have placed her pictures on Backpage, a well-known website for prostitution, in January 2017. That website later shut down in April 2018.
Prosecutors allege the 34-year-old transported the victim to Fort St. John, Dawson Creek, Grande Prairie, and Pink Mountain to have sex with various buyers. Roughly $5,000 a night was being made, court heard.
The trial began in 2017, and Cornell and his lawyers have asked the court to dismiss the charges due to delays.
Cornell has pleaded not guilty and testified that he only met with the victim to sell crack cocaine on a weekly basis. He said the allegations are a case of mistaken identity, and identified another man who also goes by the name 'DJ' he said could have sexually trafficked the victim. It’s alleged the victim knew both men.
Cornell has prior convictions from 2015 for trafficking in controlled substances, assault with a weapon, as well as breaking and entering. Drugs were an escape, he said.
"I was a drug addict. I was doing drugs to cope with my life," Cornell said in court, noting his father died from cancer in January 2017. "I was watching my father die day by day.
Defence lawyer Dustin Gagnon argued this week that the Crown's only evidence has been unreliable testimony from the victim, saying there have been several inconsistencies.
The pictures used for the ads is a particular point of contention; the victim admitted to taking them, but testified Cornell had the cellphone that was used to post the ads. The cellphone has not been found, and Cornell testified that he only owns a landline.
Gagnon argued there was no trace of money moving hands from buyers, nor was there proof that Cornell made and distributed the ads. The Backpage website could be accessed from any phone, as the accounts are an online service, he said.
Gagnon alleged the victim kept the money made from sexual services, and that they had motive to change their testimony out of shame and jealousy of another individual involved with Cornell. He moved to closing arguments on Thursday after sworn testimony from Cornell's mother was not accepted by the court.
Trial continues this month. Cornell remains in custody.
