Malcolm Hassan Zoraik neither created nor delivered an anonymous letter that made claims about jury tampering in an ICBC trial, defence lawyer Peter Firestone said yesterday in Victoria provincial court.
The letter was dropped off at the Victoria courthouse, eight days after a personal-injury case that Zoraik served in as a lawyer was dismissed. The case had the potential to bring his client more than $200,000 in damages.
Zoraik was charged with fabricating evidence, obstructing justice and public mischief in connection with the letter, but has pleaded not guilty on all counts.
Firestone outlined a number of points to judge Adrian Brooks that he said raise questions, including the fact that Zoraik, like all others on record in the case, will be under oath.
"His evidence in and of itself should create a reasonable doubt in your mind," Firestone said.
He also referred to video footage from five courthouse cameras that show a man walking through the building last May 6 and leaving an envelope at the court registry.
Firestone said a colleague of Zoraik recalls seeing him at nearby Premiere Verbatim Recording Ltd. about the same time the video was recording, something that he said "undermines" the reliability of the date and time indicated on the footage.
The letter says, in part, that the writer's wife was on the civil-trial jury and was approached by an insurance-company representative during the proceedings.
The writer said his wife was offered money for her vote, but turned it down.
The letter led to a police investigation.
