Justice wants further discussion with lawyers at hockey sexual assault trial
The second day of the trial for five former NHL players accused of 2018 sexual assault began Wednesday with the jury being told by the Crown that the case will hinge on consent.
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LONDON, Ont. — The second day of the trial for five former NHL players accused of sexual assault ended prematurely on Wednesday.
“I’m going to let you go for the day,” Superior Court Justice Maria Carroccia told the jury. “Something happened over the lunch hour that I need to think about and to discuss with the lawyers.”
More details about the incident were not disclosed to the jury.
Day 2 of the trial began Wednesday with the jury being told by the Crown that the case will hinge on consent.
“This is a case about consent,” assistant Crown Heather Donkers said in her opening statement. “And, equally as important, this is a case about what is not consent.”
Donkers read 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 at the Delta Armouries after a Hockey Canada gala June 18-19, 2018.
Opening statements are considered to be a summary of what the Crown and defence intend on presenting as evidence and are not intended to be evidence.
Carroccia read instructions to the jury that “you and you alone will decide the facts in this case.” She cautioned the jury, made up on nine women and three men after the dismissal of two alternates, to not talk about this case outside the courtroom, to not look at news reports about the case and to not communicate in any way with anyone about the case. Doing so might result in a mistrial.
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 each of sexual assault and are pleading not guilty. The accused are required to be present for the duration of the trial.
In May 2022, a TSN report revealed that Hockey Canada had settled a civil lawsuit with a woman in London after she alleged she was sexually assaulted by eight men, including members of the 2018 Canadian men’s world junior team, after an event honouring the team in June 2018.
An investigation by the London Police Service was launched in the summer of 2018 and closed in February 2019, with investigators concluding that there was insufficient evidence to lay charges. After widespread scrutiny of Hockey Canada’s handling of the situation, London police reopened its investigation in July 2022, laying charges in January 2024.
The trial is set to resume being heard on Thursday.
