R-v-Elliott-Submissions-15-April-7

136. A glance of Exhibits 2A, 2B and 2C from August 30, 2012 would suggest
that Mr. Elliott was randomly sending tweets mentioning the complainants in
August 2012. However, if one digs barely below the surface, it is clear that the
complainants were actively involved in public conversations about Mr. Elliott
wherein they were clearly attempting to damage his reputation. It is again
submitted that if Ms. Guthrie and Ms. Reilly had truly believed that Mr. Elliott
was monitoring their Twitter feeds, and if they had been truly afraid of him, they
would not have been taunting him on August 30, 2012.
137. On September 3, 2012, Ms. Reilly refers all of her followers to
@PokeShakey’s feed, tweeting:
Please see @PokeShake feed right now for his excellent breakdown of the
#GAEhole m.o. It clearly outlines his misogyny & bullying. 128
138. Also on the evening of September 3, 2012, Ms. Reilly and friends went to
a restaurant. The restaurant was open. However, during her examination-inchief,
Ms. Reilly testified that she believed Mr. Elliott had been monitoring her
feed, because Mr. Elliott had sent a tweet about a meeting place for an “inaugural
meeting” being closed on “holiday Monday”. In cross-examination, Ms. Reilly
confirmed that Mr. Elliott’s “sub-tweet” did not reference her and was factually
incorrect. 129
139. On September 5, 2012, Mr. Elliott sent three tweets wherein he included
the #TBTB hashtag – a hashtag that referred to an upcoming “walk” to bring
awareness to a spate of sexual assaults that had occurred in Toronto. Because the
Crown Attorney has submitted only 9 tweets into evidence referencing the
#TBTB – all of which were allegedly authored by Mr. Elliott – the Court is not
able to properly assess the issues being discussed by others on Twitter using the
#TBTB hashtag. Nevertheless, it is submitted that Mr. Elliott’s September 5 th
tweets (a) were clearly of a political and/or philosophical nature, (b) were
apparently in response to other tweets; and (c) wre apparently intended to convey
the valid message that all men are not rapists.
140. On September 9, 2012, Mr. Elliott sent the tweet not found in Exhibit 2A
asking Ms. Guthrie to stop harassing him pretending to be harassed. As Mr.
Elliott’s tweet is not found on Exhibit 2A it cannot be time stamped in relation to
the other tweets on Exhibit 2A.
141. At 10:50:57 on September 9 th Ms. Guthrie responded to all of her
followers:
.@greg_a_elliott I don't use the #GAEhole tag (except here) but it's not
libel. I've asked you: stop contacting me & smearing my work. Stop. 130
128 It is counsel’s recollection that in cross-­‐examination Ms. Reilly confirmed sending
this tweet, which is located in Exhibit D.
129 Heather Reilly: November 12, 2014, p. 96, lines 17-­‐35.
130 Exhibit 2A.
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