Content warning: This story includes allegations of sexual assault.
LONDON, Ont. — The verdict in the trial of five former NHLers accused of sexual assault will be read out in court on July 24.
Justice Maria Carroccia, who has overseen the tumultuous trial, made the decision Tuesday after consulting earlier with the Crown and members of the defence team.
Carroccia said her decision will be presented, in person, in the same courtroom where the eight-week trial is currently nearing its conclusion.
Earlier in the proceedings, during his closing submission, Daniel Brown, one of the lawyers representing Alex Formenton, accused the complainant in the trial of lying on the stand.
E.M., as the complainant is known because of a publication ban, spent nine days on the stand, answering questions from the Crown and five defence lawyers.
“She didn’t just get things wrong, she lied under oath,” Brown told Carroccia and the court. “It should give Your Honour concern that she has done this elsewhere. You can’t rely on what she says under oath.”
Brown said E.M. lied about her weight to London police, lied about how often she had been to Jack’s bar for dollar-beer night, lied about her drinking habits and her familiarity with the Delta Armouries hotel.
In the afternoon, Lisa Carnelos, a lawyer for Dillon Dube, said the slap her client is accused of performing on E.M. was “a very minor, playful act, consistent with foreplay.” Carnelos added that no other witnesses called testified that Dube slapped E.M.
During her testimony, E.M. said she felt threatened when the players in the room started talking about using golf clubs and golf balls on her. Carnelos said there was no evidence Dube, who said in a police interview that he had a golf club in his hands while in the room, did anything with it, and the fact that he admitted to holding a golf club “is a serious hallmark of honesty.”
Carnelos later added that the group chat involving the players in the room that night was not evidence of collusion.
“These are young boys. How else would they react, (other than) they might be in trouble because this woman came to the room and started wanting group sex? I’m asking you to apply your really good common sense,” Carnelos said to Carroccia. “There are a number of times when participants in the group chats say to tell the truth.”
Carnelos added that E.M.’s evidence cannot be believed beyond a reasonable doubt because she presents it “in flashes,” out of chronological order and with gaps.
Closing submissions, also known as closing arguments, are used by the defence and Crown to summarize evidence, reinforce key points and attempt to persuade, in this case the judge, to rule in their favour. Closing submissions are not evidence.
Michael McLeod has been charged with two counts of sexual assault, including one relating to aiding in the offence. Dube, Cal Foote, Formenton and Carter Hart have each been charged with one count of sexual assault. All pleaded not guilty to their charges.
Carnelos and Julianna Greenspan, a lawyer for Cal Foote, are expected to present closing submissions on Wednesday. Assistant Crown attorney Meaghan Cunningham is expected to follow them with the Crown’s closing submissions.
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