Judge in Hockey Canada sexual assault trial going over evidence as she delivers rulingJustice Maria Carroccia is delivering her decisions in the world junior hockey sexual assault trial — a case that dates back to 2018 and played out over eight weeks in a London, Ont., court. Five ex-players are charged with sexually assaulting a woman, known as E.M. due to a standard publication ban, in a hotel room. (WARNING: This livestream references sexual assault and may affect those who have experienced sexual violence or know someone impacted by it.) The LatestOntario 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, focusing on discrepancies 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., is not in the courtroom but her lawyer says she is watching the hearing remotely.WARNING: Court proceedings include details of alleged sexual assault and might affect those who have experienced sexual violence or know someone affected.UpdatesJuly 2415 minutes agoBack to the evidence, with focus on 2 other teammatesKate DubinskiBrett Howden testifying remotely from Las Vegas. (Alexandra Newbould/CBC)WARNING: This post includes graphic language.Two more former teammates of the men on trial are now the subject of Carroccia’s recalling of the testimony.Tyler Steenbergen and Brett Howden testified via video and weren’t charged in the case.Steenbergen said E.M. was acting “vocal” about what she wanted sexually in the London hotel room in 2018, Carroccia says. She says Howden’s memory was affected by alcohol, the passage of time and a concussion. He testified she was “chirping” guys and egging them on, and called them “pussies” for not engaging her sexually. Howden testified E.M. performed oral sex on McLeod and Hart, and took Formenton to the bathroom. He also testified he heard Dubé slap E.M. on the butt. 22 minutes agoE.M. is watching court proceedings remotelyKate DubinskiE.M., the woman at the centre of the case, began her marathon in the witness box on May 2 and finished on May 14. (Alexandra Newbould/CBC)Court is back in session.I had a brief conversation over the break with Karen Bellehumeur, E.M.’s lawyer. She says E.M. is watching Carroccia’s decision via video. Bellehumeur spoke with E.M. during the break. She didn’t want to disclose their conversation, but says she plans to speak to E.M. at the next break as well. Bellehumeur is also going to make a statement after the judge is finished delivering her decision. Some of the defence lawyers, as well as Crown prosecutors, are expected to do the same.48 minutes agoWe’re on a short breakKate DubinskiCarroccia says she is about halfway through reading her decision. Now we are on a 10-minute recess. There’s lots of hugging and back patting going on as family members get up and file out of the courtroom. McLeod, who is sitting at the front of the courtroom with his legal team, reached out for Foote’s hand and gave him a handshake as he left for the break. Foote remains seated at the back of the courtroom with his legal team. 48 minutes agoThe accused men are still listening intentlyKate DubinskiMcLeod and Formenton are sitting back, slouched in their chairs, appearing relaxed next to their lawyers. Hart, in a burgundy suit, is sitting up and watching the judge, as is Foote. Dubé is sitting leaning forward. 51 minutes agoThe testimony of accused men’s teammatesKate DubinskiKatchouk testifying remotely at the trial. (Alexandra Newbould/CBC)WARNING: This post contains graphic language.Two teammates of the five accused testified at trial: Taylor Raddysh and Boris Katchouk. They weren’t charged in the case.Carroccia goes over what they told the court and says the two weren’t in the Delta hotel room for very long. Katchouk testified he was very drunk and E.M. appeared to be following along with the conversation when McLeod offered Katchouk a “gummer” (a slang word for oral sex) from E.M. E.M. testified she didn’t know what a gummer was. 57 minutes agoDiscrepancies in E.M.’s statements Kate DubinskiCarroccia outlines differences between a statement E.M. gave to Hockey Canada in 2022 and her testimony at trial this year, including: In 2022, she stated she didn’t initiate any of the touching at Jack’s bar, but acknowledged she did initiate some touching after being shown video from the bar. In 2022, she claimed to have fallen in front of McLeod, which was not true. During her testimony, E.M. said she made a mistake about which time she was talking about. In 2022, she identified Drake Batherson as one of the men in the room and the one who put the bed sheet down on the floor, but during cross-examination, she said she wasn’t sure and couldn’t say he was the one who put down the sheet. 1 hour agoThe text message evidence Kate DubinskiPart of Exhibit 4 which is a text exchange between Michael McLeod and E.M. in which McLeod asks her to put an end to the police investigation. The exchange was triggered when Hockey Canads and police were alerted about the allegations. (Credit: Ontario Superior Court) (Ontario Superior Court of Justice)Carroccia is going over the text messages between McLeod and E.M. after Hockey Canada began contacting players because of the report made by the woman’s family. Court heard McLeod found E.M. on Instagram a day after the alleged assaults and the two started texting. E.M. testified she was “trying to take some responsibility” for what happened. She also told McLeod she was OK with having sex with him, but didn’t expect all the other men who came in afterwards, and that she felt they were laughing at her, Carroccia says. 1 hour agoSilence in the secondary overflow roomKatie NicholsonAs Carroccia walks through her evidence, the secondary overflow courtroom is absolutely silent, nearly an hour in.This is the second overflow courtroom they had to open at the last moment when the main and overflow courtrooms were at capacity.This room is also full: mostly with members of the public sitting stock still and listening intently.1 hour agoThe ‘consent videos’ Kate DubinskiCarroccia is addressing the consent videos, which are two clips McLeod recorded after the alleged assaults. In the videos, McLeod asks E.M. if she is OK with what is happening or consented to the acts that had already happened in the hotel room.E.M. did “not display any signs of intoxication” in the videos and had “no difficulty speaking,” the judge says. She’s also “not slurring her words, and speaks clearly and coherently.” E.M. also said she didn’t remember recording the videos until they were shown to her by lawyers.She testified McLeod told her what to say on camera, and although she said on video that everything was consensual, that is not how she felt at the time and it was just another example of her going along with what the men wanted. 1 hour agoMore summary of the evidenceKate DubinskiCarroccia says E.M. called her friend after she left the hotel room, sobbing. She testified she “blamed herself” and was “not happy that she found herself in that situation,” and that McLeod turned out to be a jerk, the justice says.E.M.’s mom heard her crying in the shower and called police. Her mom’s boyfriend contacted Hockey Canada after figuring out who the men were. Carroccia says E.M. went to the police and to the hospital. At first, E.M. texted her friend that she was “being dramatic,” and she felt “dirty and used” about the “bad situation” that she shouldn’t have put herself in, the justice says. Later, she told her friend that she felt she may have been drugged by the men and that her mom was taking the situation “‘hella seriously.’”
Judge in Hockey Canada sexual assault trial going over evidence as she delivers ruling
