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The Province
3 minutes ago
- The Province
Judge delivering ruling in hockey players' sex assault trial, says complainant not credible
Surrey teen fatally stabbed in downtown Vancouver 'got lost in the wrong crowd', says a friend Canucks: No adieu Aatu Raty, feisty Finn should become roster regular next season 'Massively exciting time for soccer in Vancouver': meet Martin Nash, new head coach of Vancouver FC Judge delivering ruling in hockey players' sex assault trial, says complainant not credible Article content LONDON — An Ontario judge is delivering her ruling in the sexual assault trial of five former members of Canada's world junior hockey team, saying she did not find the complainant's testimony to be credible. Advertisement 2 Story continues below This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Exclusive articles by top sports columnists Patrick Johnston, Ben Kuzma, J.J. Abrams and others. Plus, Canucks Report, Sports and Headline News newsletters and events. Unlimited online access to The Province and 15 news sites with one account. The Province ePaper, an electronic replica of the print edition to view on any device, share and comment on. Daily puzzles and comics, including the New York Times Crossword. Support local journalism. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Exclusive articles by top sports columnists Patrick Johnston, Ben Kuzma, J.J. Abrams and others. Plus, Canucks Report, Sports and Headline News newsletters and events. Unlimited online access to The Province and 15 news sites with one account. The Province ePaper, an electronic replica of the print edition to view on any device, share and comment on. Daily puzzles and comics, including the New York Times Crossword. Support local journalism. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Sign In or Create an Account Email Address Continue or View more offers Article content Superior Court Justice Maria Carroccia said Thursday that the Crown cannot meet its onus of proof for the charges in the case. She is still reading the reasons for her decision and hasn't officially ruled on the charges against each player. Article content Recommended Videos tap here to see other videos from our team. Try refreshing your browser, or Judge delivering ruling in hockey players' sex assault trial, says complainant not credible Back to video tap here to see other videos from our team. Try refreshing your browser, or Play Video Article content Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Callan Foote have all pleaded not guilty to sexual assault in an encounter that took place in a London, Ont. hotel room in the early hours of June 19, 2018. McLeod, who prosecutors allege was the 'ringleader' that night, has also pleaded not guilty to a separate charge of being a party to the offence of sexual assault. The players, who are now between the ages of 25 and 27, were in London at the time for a gala and golf tournament marking their championship victory. Canucks Report Essential reading for hockey fans who eat, sleep, Canucks, repeat. There was an error, please provide a valid email address. Sign Up By signing up you consent to receive the above newsletter from Postmedia Network Inc. Thanks for signing up! A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Canucks Report will soon be in your inbox. Please try again Article content Advertisement 3 Story continues below This advertisement has not loaded yet, but your article continues below. Article content Protesters gathered outside a packed London courthouse on Thursday morning, holding signs that signalled support for the complainant. Jane Piper said she has experienced sexual violence herself, and it was an 'emotional, powerful and difficult' day. 'I'm hoping that we'll have justice today and that she feels, no matter what happens today, that she's supported,' Piper said of the complainant. Court has heard the complainant had sex with McLeod, whom she had met at a downtown bar earlier that night, in his hotel room _ an encounter that was not part of the trial. The charges relate to what happened after several other players came into the room, with consent a central issue in the case. Prosecutors allege McLeod orchestrated a 'campaign' to bring his friends into the room to engage in sexual acts with the woman without her knowledge or consent. Advertisement 4 Story continues below This advertisement has not loaded yet, but your article continues below. Article content The woman did not voluntarily consent to the sexual acts that took place in the room, the Crown argued, and the players did not take reasonable steps to confirm that she did despite circumstances that would call for additional caution. The defence argues the woman actively participated in the sexual activity and was egging the men on at times, but later made up a false narrative to absolve herself of responsibility. They argue she came to court with an agenda and exaggerated her level of drunkenness that night to support her account and explain inconsistencies in it. McLeod, Hart and Dube are accused of getting oral sex from the woman without her consent, and Dube is also accused of slapping her buttocks while she was engaged in a sexual act with someone else. Advertisement 5 Story continues below This advertisement has not loaded yet, but your article continues below. Article content Formenton is alleged to have had vaginal sex with the complainant in the bathroom without her consent, and Foote is accused of doing the splits over her face and 'grazing' his genitals on it without her consent. Lawyers for McLeod, Hart, Formenton and Dube argue the woman consented to sexual acts with their clients, while Foote's lawyer argued he was fully clothed while doing partial splits over her body and didn't touch her at all. Court heard McLeod sent a text to a team group chat shortly after 2 a.m. asking if anyone wanted a 'three-way' and listing his room number. Hart replied he was 'in,' according to screenshots shown at trial. He also texted another teammate, Taylor Raddysh, telling him to come to the room if he wanted a 'gummer,' which Raddysh testified meant oral sex. McLeod made a similar comment to Boris Katchouk, another player who briefly stopped by his room, court heard. Advertisement 6 Story continues below This advertisement has not loaded yet, but your article continues below. Article content McLeod did not mention any of these interactions to police in a 2018 interview, instead saying he had told 'a few guys' that he was ordering food and had a girl in his room, and didn't know 'how guys kept showing up.' The woman was naked and drunk when men she didn't know started coming into the room, she told the court during more than a week of testimony. The men seemed to be laughing at her as they discussed sexual acts they wanted her to perform, she said, and she felt her mind 'shut down' as her body moved on 'autopilot.' Two teammates who were called as Crown witnesses, Brett Howden and Tyler Steenbergen, testified the woman asked the group if anyone would have sex with her, as did Hart, the only accused player to take the stand in his own defence. When that was put to her in cross-examination, the woman said she didn't remember saying such things, but that if she did, it was because she was drunk and had taken on the persona of a 'porn star' as a coping mechanism. The trial began in late April and was initially heard by a jury, but Carroccia twice discharged the panel and eventually the trial was switched to a judge alone to avoid having to start over a second time. Nine witnesses testified, most of them remotely — including the complainant, who testified via CCTV from another room in the courthouse. — With files from Natasha Baldin. Article content Share this article in your social network Latest National Stories
CBC
31 minutes ago
- CBC
Judge in Hockey Canada sexual assault trial going over evidence as she delivers ruling
The Latest Ontario Superior Court Justice Maria Carroccia is delivering her decisions in the London sexual assault trial of five former players with Canada's 2018 world junior hockey team. Carroccia says she didn't find the complainant's evidence to be 'credible or reliable,' and said the Crown did not prove its case beyond a reasonable doubt. The justice is going over the evidence heard at trial in detail, pointing out inconsistencies between E.M.'s evidence this year and her civil lawsuit in 2022. The accused — Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé and Cal Foote — had all pleaded not guilty. The complainant, E.M., whose identity is protected under a standard publication ban, testified over nine days during the trial WARNING: Court proceedings include details of alleged sexual assault and might affect those who have experienced sexual violence or know someone affected.
CTV News
33 minutes ago
- CTV News
E.M.'s testimony not credible, judge says in opening remarks. Hockey sex assault trial live updates here.
An Ontario judge is delivering her ruling today in the sexual assault trial for five former members of Canada's world junior hockey team. Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Callan Foote have all pleaded not guilty to sexual assault in an encounter that took place in a London, Ont., hotel room in the early hours of June 19, 2018. Follow for the latest updates below. All times are eastern. 10:40 a.m.: E.M.'s testimony not credible: judge Superior Court Justice Maria Carroccia is telling court that the complainant in the case did not present credible testimony. Sighs of relief can be heard in the courtroom, where family members of the accused are sitting behind defence lawyers. She has not yet delivered a formal ruling. The Canadian Press 10:30 a.m.: Court proceedings begin Proceedings are underway in a packed courtroom as the judge is expected to deliver her ruling. The Canadian Press 10:15 a.m.: Consent a central issue, says lawyer Consent is the central issue of this trial, according to criminal defence lawyer Nick Cake, who spoke with CTV News outside the courtroom as proceedings got underway inside. During the trial, prosecutors had argued that E.M. did not voluntarily consent. The complainant told the court she engaged in sexual acts while on 'autopilot,' and that she had been surprised and scared. Prosecutors argued she was describing a trauma response, which could affect her behaviour and memory of the events. Defence lawyers for the players have suggested she initiated sexual activity. The court was also shown two cellphone videos – taken that night, about an hour apart – in which E.M. says she's 'OK with this' and that 'it was all consensual.' The Crown had argued those videos were not evidence that she actually consented. Luca Caruso-Moro, breaking digital assignment editor 9:25 a.m.: Players now in court All five accused players are now inside the London, Ont., courthouse where a judge is expected to deliver her decision in their sexual assault trial later this morning. Carter Hart was the last accused player to arrive, a little before 9:30 a.m. Protesters outside are getting quieter after the players' arrival, and they say they plan to be back this afternoon after the judge makes her ruling. The Canadian Press 9:10 a.m.: Dube first to enter Four of five accused former hockey players are now at the courthouse to await the ruling in their case. Dillon Dube was the first to enter, followed by Alex Formenton, both of them arriving before 9 a.m. Michael McLeod and Callan Foote followed. Protesters' chanting is intensifying as each player arrives. The Canadian Press 8 a.m.: E.M. supporters gather Supporters of the complainant in the case are gathering outside the courthouse as the line to enter grows longer. The supporters are carrying colourful signs signalling support for survivors of sexual assault, and copies of planned chants printed on bright orange paper. One reads: 'My dress is not a yes.' One person is writing out the word 'believe' in block letters with chalk on the sidewalk. The Canadian Press 7 a.m.: Courtroom space limited Reporters and observers began lining up outside the London, Ont., courthouse as early as 6:15 a.m. — more than two hours before it opens. By 7 a.m., roughly a dozen people were waiting by the entrance. Space in the courtroom is limited, though staff have set up an overflow room where people can watch the proceedings on TV screens. The Canadian Press If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis: If you are in immediate danger or fear for your safety, you should call 911. A full list of sexual assault centres in Canada that offer information, advocacy and counselling can be found on the website for Ending Sexual Violence Association of Canada. Helplines, legal services and locations that offer sexual assault kits in Alberta, B.C., Saskatchewan, Manitoba, Quebec, Ontario and Nova Scotia can be found here. National Residential School Crisis Line:+1 866 925 441924-hour crisis line:416 597 8808 Canadian Human Trafficking Hotline:+1 833 900 1010 Trans Lifeline:+1 877 330 6366 Sexual misconduct support for current or former members of the Armed Forces:+1 844 750 1648 Read about your rights as a victim here.
