Content warning: This story includes allegations of sexual assault.
LONDON, Ont. — Testimony from Brett Howden in the trial of five former NHL players accused of sexual assault concluded prematurely on Tuesday. The assistant Crown attorney, Meaghan Cunningham, raised concerns about inconsistencies between Howden`s evidence given in court and statements he provided on three previous occasions.
Howden, aged 27, appeared to testify via Zoom from Las Vegas, where he plays for the Golden Knights. During questioning by Cunningham that lasted much of the day, Howden demonstrated difficulty recalling specific details of the events surrounding the alleged incidents in London on June 18 and 19, 2018.
Cunningham stated she intended to pursue a voir dire, essentially a trial within the trial, through cross-examination of Howden. She cited “upwards of 15” inconsistencies between the evidence he gave on Tuesday and previous statements from interviews: one with Henein Hutchison lawyer Danielle Robitaille on July 3, 2018, another with Robitaille on September 17, 2022, and one with London police Detective Tiffany Waque on August 23, 2023. Text messages between Howden and current NHL player Taylor Raddysh were also referenced.
Just before Howden was excused, he confirmed that the interviews conducted on those dates had been accurately recorded and transcribed.
Earlier, Howden testified that he remembered Dillon Dube “spanking” the complainant, identified as E.M. due to a publication ban, when players were in Room 209 at the Delta Armouries in the early hours of June 19, 2018. However, when pressed for details by Cunningham, Howden could not remember many specifics.
Cunningham asked, “Do you remember where in the room this happened?” Howden replied, “No, I don’t remember seeing it.”
“Do you remember if she was clothed or unclothed?” Howden responded, “I don’t, I don’t.”
“Do you remember what she was doing in the moment?” “No, I don’t.”
“Do you remember if there was a sound?” “I remember hearing it, the sound of it, but that’s all I do remember.”
“Do you recall if the woman reacted?” “No, I don’t.”
When asked about his feelings afterward, he said he didn’t remember except for feeling “awkward” and “uncomfortable,” and that he “just remember[ed] wanting to leave and get out of there.”
After being permitted to review his previous statements to refresh his memory about the alleged spanking and other incidents, Howden repeatedly stated he did not have a current memory of the events but believed what he had said in his prior statements to be true.
Howden also testified that in the days following the alleged incident, he had phone conversations with both Dillon Dube and Cal Foote. According to Howden, both players told him “to leave his name out of it.” Howden stated he could not remember who initiated either call.
During the subsequent investigation, when questioned about Dube`s alleged spanking, Howden recalled saying, “I didn`t bring it up. I didn`t lie but I didn`t bring his name up.”
When Cunningham pressed him for the reason, Howden replied, “I was asked not to, not to bring him up.”
Howden testified that the players present in Room 209 that night included Michael McLeod, Alex Formenton, Carter Hart, Dillon Dube, Cal Foote, Sam Steel, Drake Batherson, Jake Bean, Maxime Comtois, and Tyler Steenbergen.
Howden stated he went to McLeod’s room looking for food after returning from Jack’s bar with Batherson, Steel, and Jonah Gadjovich. He testified that the players were simply socializing in the room when E.M. came out of the washroom. Shortly after, Howden said the woman became “flirty” with the players, “chirping guys,” “taunting,” and “egging everyone on” while asking for sex.
Earlier on the same day, Tyler Steenbergen concluded his testimony, also delivered remotely from Sylvan Lake, Alberta.
Michael McLeod faces two charges of sexual assault, including one related to aiding in the offence. Dillon Dube, Cal Foote, Alex Formenton, and Carter Hart are each charged with one count of sexual assault. All accused players have pleaded not guilty to their respective charges.
The judge-only trial is being overseen by Ontario Superior Court of Justice Maria Carroccia and is currently in its fifth week.
Tristan Blackwood