Closing arguments continued Wednesday in the trial of Tamara Rich and Chris Barber, with prosecutors pointing to instances in which two key Freedom Convoy figures worked together during the winter 2022 protests.
Both men have pleaded not guilty to charges including malicious intent, intimidation and obstruction for their roles in organizing, promoting and fundraising for a convoy of trucks that blocked a road in downtown Ottawa to protest mandatory COVID-19 vaccinations.
This lengthy trial began almost a year ago and is now nearing its end.
As closing arguments began on Tuesday, prosecutors told the court they had “overwhelming evidence” against the men and “significant” evidence.
If convicted, Rich and Barber could face prison time.
Prosecutors are asking the court to allow evidence against one of the defendants to be used against both.
The charges allege the two conspired to commit criminal offences to orchestrate roadblocks downtown and other aspects of the protests, including security, fundraising and public relations.
During the second day of closing arguments, prosecutor Tim Radcliffe pointed to instances in which the two defendants allegedly worked together to jam traffic through the city, which they accomplished over a three-week period.
Prosecutors cited text messages, press conferences and social media posts from Rich and Barber, noting their references to unity and solidarity among protesters and their use of the pronouns “we” and “our.”
In front of a courtroom audience that included several supporters of the defendants, the prosecution used a slideshow to detail the protests week by week.
The court saw video and photographs of Mr Rich and Mr Barber together at protests and speaking together at a press conference.
They also participated in the founding of the Freedom Convoy 2022 corporation and served as its directors.
The defendant knew he was going to leave.
Prosecutors cited text messages recovered by police from Barber’s phone that showed he knew authorities had asked protesters to leave the city on Jan. 31, 2022, two days after the protests began, but refused to leave until the order was lifted.
Prosecutors revisited a letter introduced into evidence earlier in the trial that Ricci wrote to then-Ottawa Mayor Jim Watson during the protests, in which he acknowledged that the protesters’ presence was “annoying” to some residents.
Using this and other evidence, prosecutors argued that Rich and Barber were fully aware that their actions during the protest “crossed the line” into criminal conduct, but rather than walk away, they encouraged others to join them.
Lawyers for Rich and Barber point to times when the pair cooperated with police, including when police gave them maps showing where to park their trucks during protests, and said the pair worked with authorities to reduce the impact of protests on residents.
Throughout closing arguments, DA Radcliffe and Sibohan Wescher tried to undermine that argument, presenting videos and text messages. They quoted DA Barbour as saying that cooperating with police was a game of “cat and mouse” and left them “confused.”
The defense begins closing arguments
Attorneys for Mr. Ricci and Mr. Barber are scheduled to begin arguments Thursday morning.
The two defendants did not present any evidence during the trial, arguing that the prosecution did not have enough evidence to convict them.
The defence is expected to argue that Ricci and Barbour’s comments and actions in Ottawa were aimed at changing government policy on mandatory vaccinations.
They will likely argue that they were exercising their rights to freedom of expression and peaceful assembly, highlighting that Rich and Barber repeatedly called on protesters to act peacefully, according to court documents.
The defense is also expected to dispute the allegation that Rich and Barber acted in conspiracy and argue that prosecutors are mistakenly presenting the Freedom Convoy as a single, unified event.
