The Crown argued in the gas plants trial that there's sufficient evidence to continue the case against Dalton McGuinty's former chief of staff and deputy chief of staff.

Crown attorney Tom Lemon put forward the theory that, starting in 2012, co-defendants David Livingston and Laura Miller used a two-pronged approach to ensure gas plants-related records weren't available; he alleged they deleted business emails on a continuing basis, and in early 2013 hired Miller's partner with Liberal Caucus funds to wipe 20 government computers.

Livingston and Miller have pleaded not guilty to two charges each that could carry a maximum sentence of 10 years in prison. The Crown dropped a third charge last week, conceding that there was not a reasonable chance of a conviction.

The defence moved a surprise motion last week for acquittal by directed verdict, arguing that the Crown had not provided sufficient evidence to give grounds for a reasonable jury to convict, and that Justice Timothy Lipson should thus end the case with an acquittal before a defence is necessary.

Tuesday morning was Lemon's turn to argue against this motion. He maintained there was enough evidence for the other charges, involving unauthorized use of a computer and mischief.

He argued that, while the defence was eager to look at details in isolation, the context could not be ignored. Lemon painted a picture of a pitched political battle over the cancelled gas plants in Oakville and Mississauga, and the subsequent lack of records to explain what happened.

"There was a high degree of concern," Lemon said of the gas plants. "These issues were front and center."

Yet, when asked through a freedom of information request, the Energy Minister's office said it had no responsive documents related to the file. Lemon pointed to emails sent by Livingston and Miller urging a policy to "double-delete" emails to ensure they would not live in the server, or be subject to FOI requests or records requests from House committees.

Miller's partner, Peter Faist, was paid $11,000 from the Liberal Caucus fund to wipe 20 government computers of outgoing employees from McGuinty's office. Faist did not have security clearance to do so.

The defence has argued there's a lack of evidence connecting any of these action to the gas plants files, and that the Crown has not provided any gas plants files that should have been on these computers in the first place. There were no emails produced in evidence that explicitly state Livingston and Miller were targeting gas plants files, and the defence has maintained throughout the trial that the two top aides were trying their best to remain in compliance with a complicated record-keeping policy. Defence attorney Scott Hutchison called the Crown's attempt to connect the gas plants political controversy to computer record-keeping a "grand conspiracy" in his reply to the Lemon's submission on Tuesday.

Based on arguments heard in court, Lipson will have to make an assessment of whether it's reasonable based on the circumstances of the case to infer the motive of Livingston and Miller, and that if they wiped gas plants records they intended to do so, based on their actions.

Lipson will rule on the motion for a directed verdict on Thursday at 2 p.m. If he finds in favour of the defence, the trial will end at that time with an acquittal. If not, the case will proceed with any defence witnesses.

Crown makes arguments to go ahead with gas plants trial

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