A Saskatoon judge has heard the final arguments in the trial of a prominent Saskatoon businessman.

Nowshad Ali stood trial for two days in Saskatoon’s Court of Queen’s Bench. He’s accused of sexually assaulting a 10-year-old girl, on two separate occasions, in 2005.

The complainant is now 21 years old. Her name cannot be released to protect her identity, but she and Ali are known to each other.

Defence lawyer Ron Piché said Crown prosecutor Barbara Herder presented little physical evidence. He argued there is no DNA evidence to prove the allegations are true, no witness to the allegations and no admission of guilt from his client.

“From a practical point of view, when you have matters that stem 10 years ago and the alleged victim was 10 at the time, the court is wary somewhat,” Piché said outside of court on Thursday. “They want evidence that allows them to conclude beyond a reasonable doubt that certain events happened and that’s why things like confessions, admissions and physical evidence are so important in these cases.”

Piché told court the complainant is not a reliable witness. He argued there were inconsistencies in her testimony compared to what she originally disclosed about the allegations.

The complainant told court the two incidents happened in the same place, but her mother testified her daughter told her the incidents happened in two different locations.

Herder said it’s possible the mother was mistaken and heard about the separate location from another member of the family.

Piché also referenced two photographs and a video he presented as evidence. Ali testified the photos and video are dated after the complainant told her mom about the allegations. The photos show Ali and the complainant alone together and smiling. In the video, she appears to be laughing and jovial.

Herder pointed out Ali couldn’t provide much context to the photos and video, arguing other people could have been right beside the two, just out of frame.

In her closing arguments, Herder said the complainant is reliable. She countered the defence’s arguments about the complainant’s testimony being inconsistent and addressed each inconsistency the defence pointed out.

She also brought up the defence’s questioning of how the complainant initially responded after the alleged assault.

The complainant said she froze and didn’t know what was going on and that’s why she didn’t cry for help.

Herder said every sexual assault victim reacts differently and the complainant should not be expected to act a certain way.

Ali is very involved in the community. He has organized a number of events including the annual fireworks festival, WakeRide and WinterShines.

The judge has reserved his decision until December 18.