Testimony of Charles Arthur Smith at Darren Huenemann's trial
 
Q:  And the car is the car that's parked there now in photo one of Exhibit 1?
A:  That's Doris's car, yeah.
Q:  And did you ever see the person's face at all?
A:  No, I didn't.  They backed out of the passenger's side.
Q:  Did you ever have an opportunity to see what sex it would be?
A:  Not really.  I kind of assumed it was Sharon, but --
Q:  You didn't see?
A:  No.
Q:  Could you tell His Lordship and the jury any indication of when that might have been that that happened?
A:  Well, again, because I hadn't slept all day I was a little uncertain as to the time, but I think it was probably around eight o'clock because that's when we put our kids to bed, and that's generally the time when I go around closing curtains, locking doors and things, but it could have been earlier.  I can't be positive.  It could have been earlier.  It could have been seven o'clock, seven- thirty.  It was dark. (my emphasis added)  I know that because the light was clear on the roof of the car.
 
The Vancouver Sun for October 5, 1990 puts the sun set at 6:43 p.m.  The weather was clear with visibility of 30 miles according to Environment Canada.  This means darkness did not occur until after at least 7:15 p.m.  Mr. Smith may not have known what time it was but he was definite that it was dark.  It is impossible for someone to mistake daylight for darkness.