Trial wraps up of mother accused of sexual assault

The lawyer for a woman accused of sexually assaulting her daughter says thecustody battle between the two women, over a grandchild, is the real issue.

"It wasn't until this dust-up over benefits that the trigger was pulled," said defence lawyer Isaac Quinn, as the two-day trial concluded Tuesday in P.E.I. Supreme Court in Charlottetown.

The accused has pleaded not guilty to sexual touching and sexual assault. The allegations date back years.

That daughter, now in her 20s, testified Monday she was 9 or 10 years old at the time. She testified she wasfondled on a single occasion by her mother, who had allegedly been drinking at the time. The daughter told the court the incidenttook place in the mother's bed in their home, in P.E.I.

But the defence lawyer emphasized during his closing arguments the long delay in the daughter's coming forward to authorities.

"This is an old lie that was refreshed for a new purpose," said Quinn.

In recent years, mother and daughter hadbeen in a custody battle over a grandchild, according to Quinn, and the question of who would receive child-care benefits had sparked an argument.

"It's quite suspicious," Quinn told Supreme Court Chief Justice Tracey Clements.

Defence argues accused has alibi

The defence also arguedthe accused woman has an alibi. Defence evidence at trial included testimony from the woman's relatives who said that mother and daughter were not living on P.E.I. at the time of the alleged offence.

The daughter had testified the incident took place onP.E.I., in theirhome.

Crown prosecutor Jeffery MacDonaldpointed to testimony of friends of the daughter as proof of the mother's guilt.Those friends testified the daughter had told them years ago of the sexual assault.

"She disclosed it to them some time ago," MacDonaldtold court. "This was not a recent fabrication."

The judge adjourned the case until Jan. 31 for decision.

More P.E.I. news