Content warning: This article discusses allegations of sexual assault.
Hockey player Carter Hart testified on Friday during the trial involving five former NHL players accused of a 2018 sexual assault.
During his second day on the stand, Hart, 26, was questioned by assistant Crown attorney Meaghan Cunningham. He confirmed he sent a text inviting teammate Dante Fabbro (not accused) to room 209 at the Delta Amouries hotel on June 19, 2018.
Cunningham asked if he felt what was happening in the room was “fun and exciting,” suggesting that was why he invited Fabbro. Hart replied, “Yes.”
Cunningham continued, stating the men in the room seemed surprised by their `luck` with a naked woman performing sex acts. Hart responded, “I was 19. I thought it was pretty cool.”
The prosecutor repeatedly challenged Hart`s memory, citing his high alcohol consumption that night. However, Hart maintained that despite being very drunk, he did not recall anything “disrespectful” occurring to the complainant, E.M. (whose name is protected by a publication ban).
Hart asserted that if anything had happened against E.M.`s will, he or others would have intervened. “I wouldn’t have stayed in the room as long as I did,” he stated.
Earlier testimony from E.M. alleged Dillon Dube slapped her buttocks and Cal Foote did naked splits over her. Hart, present at the time, testified he did not see Dube slap E.M. and claimed Foote was clothed when he did the splits.
Cunningham questioned Hart`s account, suggesting a fully clothed person doing splits isn`t particularly exciting, but naked splits over E.M.`s face would be. She asked, “Don`t you agree that would be more exciting?”
Hart called that idea “pretty weird.”
He agreed with Cunningham that the entire night was “weird.”
Hart concurred that he didn`t feel things “got out of hand” and that E.M. consented to the specific sex act she performed on him. He also agreed that the players created a group chat later to align their stories, primarily out of concern for violating Hockey Canada rules on guests in rooms.
The accused players are Michael McLeod (two sexual assault counts, including aiding), Dillon Dube, Cal Foote, Alex Formenton, and Carter Hart (each one sexual assault count). All have entered not guilty pleas.
The trial, now in its seventh week, is scheduled to continue with defence witnesses next week.