A lawyer for one of five former world junior hockey players acquitted of sexual assault charges last month says the Crown will not be appealing the ruling.
Daniel Brown, who represented Alex Formenton, says he has been informed of the decision.
Formenton, Michael McLeod, Carter Hart, Dillon Dube and Callan Foote were all acquitted of sexual assault, and McLeod of a separate charge of being a party to the offence of sexual assault. All pleaded not guilty to their charges when the trial opened in April.
The defence deemed the ruling a "resounding vindication," while the complainant's lawyer called it devastating.
Ontario Superior Court Justice Maria Carroccia doubted the veracity of E.M.’s testimony — which took place over her nine days — during which she had memory gaps and offered conflicting evidence about how much she had to drink, her inebriation and her claims that she could not leave Room 209 at the Delta Armouries in the early hours of June 19, 2018.
Carroccia said in her ruling that she couldn’t conclude beyond a reasonable doubt that E.M. had not given consent for each incident. Under Canadian law, consent cannot be granted if someone is inebriated or unconscious.
Carroccia said, while weighing her decisions around consent and other allegations by the Crown, that she put more credibility in the testimony of the players.
-- With files from Sportsnet Staff
