Prosecutors won’t appeal Hockey Canada sexual assault acquittals
Prosecutors will not appeal the acquittal of five former world junior hockey players accused of sexually assaulting a woman in a London, Ont., hotel room in 2018.
Prosecutors will not appeal the acquittal of five former world junior hockey players accused of sexually assaulting a woman in a London, Ont., hotel room in 2018.
On July 24, Ontario Superior Court Justice Maria Carroccia found Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé and Cal Foote not guilty after a two-month trial.
The judge ruled the testimony of the sole complainant — and the Crown’s key witness — was "neither reliable nor credible." She also noted evidence that showed "certainly no violence occurred" and that one of the accused had not engaged in any activity of a sexual nature.
The trial was marked by several unusual developments, including large protests outside the London courthouse and the discharge of two juries before proceeding by judge alone.
Defence lawyers argued the complainant instigated sexual activity and later sought monetary gain.
Two videos presented as evidence in court appeared to show the complainant consenting. In one video, she can be seen smiling and describing the encounter as consensual before complaining to the camera of "being too sober."
The Ministry of the Attorney General had 30 days to file an appeal. On Thursday, Formenton’s lawyer, Dan Brown, confirmed the Crown will not challenge the acquittals.
"While no police investigation is perfect, the London Police got it right seven years ago by deciding it would be a mistake to charge Alex," Brown said in a written statement.
"The evidence always demonstrated that he did not commit a sexual assault," he continued. "However, political and media pressure brought this allegation back into the spotlight in 2022 and the Crown Attorney knowingly forged ahead."
It remains unclear what the precise cost was to taxpayers for the attempted prosecutions in the Hockey Canada trial.
The public later learned, however, that hockey players' registration fees paid for $2.9 million in Hockey Canada legal settlements in 2022, which likely included a settlement in the $3.5 million civil lawsuit involving E.M. and the five Hockey Canada defendants — a settlement Carroccia referred to as "amongst the quickest" she had ever seen.
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Rightly or wrongly, careers, the hoped and dreams all involved families have been destroyed. The shame and stain on those involved is all that remains! Junior hockey Canada will never regain the purity and pride of of a game sacred to all Canadians. The young woman involved, an inebriated, somewhat willing victim, was cruelly, unconscionably,savaged by five tables of lawyers and forced to answer each little detail for every, single, solitary one of them. To be truthful, most of the assault in this occurred in the courtroom!