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Chris Kahui's lawyer says there is no direct evidence that he killed his three-month old baby boys.
Kahui's defence team on Wednesday began its closing argument at his trial for the murders of his twin babies, Chris and Cru.
The Crown says Kahui caused the fatal injuries to his twins when he was alone with them on the night of June 12, 2006.
But in its closing address, the defence says the police investigation into the case was a disaster and they had a more stronger case against the twins' mother, Macsyna King, but chose to ignore it.
Defence lawyer Lorraine Smith told the jury that police chose to investigate Kahui based on an early opinion from one doctor who said the symptoms one twin showed when he stopped breathing that night was typical of a just-inflicted head injury.
Smith said the police then came up with a theory and failed to properly investigate the twins' mother Macsyna King who she said has abandoned three other children, has used the drug P and has an anger problem.
She said if it wasn't for that doctor's opinion, King might have been investigated further.
Smith said one would have to ignore common sense to believe that Kahui was the killer.
"All of the evidence in this trial&strongly suggest Macsyna King is the far more likely perpetrator," said Smith.
Throughout the trial, the defence has pointed the finger at King, saying the police overlooked vital clues in their hunt for the babies' killer.
"They ignored her history of abandoning her children, her drug use eight days before the fact that&she was the one who lost her temper and became aggressive,"
The defence says the likely scenario is King was the last person to feed the babies on the day they were fatally injured.
The court was told there is no evidence the babies cried or woke again until baby Cru stopped breathing that evening, when the accused Kahui had gone into the nursery to give them their bottle.
"No independent evidence...that baby Chris ever woke again after Macsyna King left the house," says Smith.
The defence says the lack of feeding and constant sleeping would send alarm bells to many, but this was a 21-year-old father who cared for the babies just five percent of the time.
When their mother returned home 24 hours later, she didn't question it either.
Smith said one had to ask oneself why this experienced mother of six would do that.
Earlier in the day, the Crown finished its closing address with Crown solicitor Simon Moore saying Kahui was a young man who wasn't coping at the time he caused the fatal head injuries to his twin babies.
He told the jury the accused was stressed about his own mother being critically ill in hospital, being left alone with the babies and on the day they were injured had been yelled at by several family members.
Moore said the fact Kahui went to find the twins' mother the
previous night, when he'd also been left with the babies, shows he
was under pressure.
Moore finished his address by telling the jury the killer can't be
Macsyna King, as she wasn't home.
The seven men and five women on the jury have heard more than 65 witnesses during the case and will retire to decide Kahui's fate on Thursday.
