Jury shown surveillance video in 2018 hockey sexual assault trial
The jury on the first day of the second trial for five former NHL players accused of a 2018 sexual assault on Monday was shown closed-circuit videos from the bar on the night of the alleged incident.
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LONDON, Ont — The jury on the first day of the second trial for five former NHL players accused of a 2018 sexual assault on Monday was shown closed-circuit videos from the bar on the night of the alleged incident.
The Crown’s first witness, Det. Tiffany Waque of the London Police Service, verified the origin of the videos as well as identified to the jury where the complainant and a friend were inside Jack’s bar on Richmond Street as each video played in the courtroom.
The court was shown 14 videos, four images, and a layout diagram of the bar, gathered from Jack’s on the night of June 18, 2018. The videos showed the complainant, who is referred to as “E.M.” due to a publication ban on her name, appearing to enter the bar, order drinks, dance and use the ATM inside the bar over the course of about an hour.
Three videos show a group of young men gathering on the street in a lineup in front of the bar, coming in the front door and up the stairs of the bar, and ordering drinks at a bar within Jack’s.
“Who are these guys?” assistant Crown Heather Donkers asked Waque.
“Members of the world junior championship team,” Det. Waque replied.
Earlier in the day, the Crown spoke about what it felt the verdict would hinge on.
“This is a case about consent,” Donkers said in her opening statement. “And, equally as important, this is a case about what is not consent.”
Donkers laid out details about evidence she expected that the Crown and defence would introduce during the trial, including what is alleged to have happened in the hotel room in the Delta Armouries after a Hockey Canada gala on June 18, 2018.
Opening statements are considered to be a summary of what the Crown intends to present as evidence and are not intended to be evidence. The expectation is that the defence will present its statement after the Crown’s case rests.
Before the opening statement, Superior Court Justice Maria Carroccia read instructions to the new jury that “you, and you alone, will decide the facts in this case.” She cautioned the jury, made up of nine women and five men after the dismissal of two alternates, not to talk about this case outside the courtroom, not to look at news reports about the case and not to communicate in any way with anyone about the case. Violating any of these conditions might result in a mistrial.
The players and their lawyers stood up and faced the jury when the charges were read into the court record on Monday. Michael McLeod, 27, has been charged with two counts of sexual assault, including one relating to aiding in the offence. Dillon Dube, 26, Cal Foote, 26, Alex Formenton, 25, and Carter Hart, 26, have each been charged with one count of sexual assault. All have pleaded not guilty to their charges.
Monday’s appearance in court in front of the jury was shorter than usual because of the federal election. Testimony is expected to continue on Tuesday.
