'Never confuse justice with vengeance': Jurors now deliberating in parkade rape trial - Action News
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'Never confuse justice with vengeance': Jurors now deliberating in parkade rape trial

After hearing closing arguments from the prosecution and defence, jurors are now deliberating the fate of Andy Dick Ntunaguza, who is on trial for aggravated sexual assault and forcible confinement.

Andy Ntunaguza is on trial for aggravated sexual assault and forcible confinement

The prosecution says this image shows Andy Ntunaguza leaving the downtown parkade around the same time the victim was found by a security guard. (Calgary Police Service)

After hearing closing arguments from the prosecution and defence, jurors are now deliberating the fate of Andy Dick Ntunaguza.

Ntunaguza, 32, is on trial foraggravated sexual assault, forcible confinementand overcoming resistance by choking.

Jurorsheard that his DNA was found inside the victim, who was raped andbadly beaten in a downtownparkadeon Dec. 20, 2015.

"Every piece of credible evidence confirms that the attacker was none other than Andy Dick Ntunaguza," said prosecutor Deven Singhal in his closing remarks.

Andy Dick Ntunaguza, 32, is on trial for aggravated sexual assault. He is accused of raping a woman in a downtown Calgary parkade in 2015. (Calgary Police Service)

Singhal told jurors to rely on DNA evidence, the victim's testimony and surveillance video.

In court, the victim pointed to Ntunaguza as her attacker, and videoshows him leaving at almost the exact same time a security guard discovered the woman.

"[She]has had a difficult life but that she testified in an honest and forthright manner, never shying away from evidence that might make her look bad," said Singhal.

But Defence lawyer Dale Fedorchuk told jurors the victim's testimony was inconsistent, unreliable and not credible. He said his client paid the woman for consensual sex and that someone else came along and raped her within minutes of his client leaving the area.

"We must never confuse justice with vengeance," said defence lawyer Dale Fedorchuk."When people see harm caused to a human being, some feel a sense of outrage."

"Vengeance is not the province of a jury, which simply means that your goal is to make a decision on the issues of this case without sympathy for [the victim] or prejudice against Andy Ntunaguza."

'A ghost story'

Both the victim and Ntunaguza were homeless at the time of the incident. She testified that she agreed to have sex with him for money but said that when she asked to see the cash, he became angry and began to attack.

Ntunaguza's lawyer said an acquaintance of the accused who was wearing a blue jacket and pants matching the victim's description of her attacker's clothing is the rapist.

"Defence wants you to build a doubt based on what amounts to a ghost story," said Singhal. "That a person never seen, pictured or remembered by anyone committed a vicious attack which caused terrible injuries but did so without leaving DNA."

"This ghost story should not leave you in reasonable doubt."