LONDON, ON — On the opening day of the second trial involving five former NHL players accused in a 2018 sexual assault case, the jury was shown surveillance footage from the bar where the alleged incident occurred.
The prosecution`s first witness, London Police Service Det. Tiffany Waque, confirmed the videos` authenticity and pointed out the location of the complainant (referred to as “E.M.” under a publication ban) and a friend within Jack`s bar on Richmond Street as the footage was played.
The court viewed 14 videos, four images, and a bar layout diagram collected from Jack`s from the night of June 18, 2018. The footage depicted the complainant (E.M.) entering the bar, ordering beverages, dancing, and using an ATM over approximately one hour.
Three other videos showed a group of young men queuing on the street outside, entering through the front door, going upstairs, and ordering drinks at a bar area within Jack`s.
Assistant Crown Heather Donkers asked Waque to identify the men, to which Det. Waque replied, “Members of the world junior championship team.”
Earlier in the day, the prosecution outlined its view on the central issue of the trial.
“This is a case about consent,” Donkers stated in her opening remarks, “and, equally as important, this is a case about what is not consent.”
Donkers presented details about the evidence the Crown and defence were expected to introduce, including allegations concerning events that occurred in a Delta Armouries hotel room following a Hockey Canada gala on June 18, 2018.
Opening statements serve as an outline of the evidence the prosecution intends to present and are not considered evidence themselves. The defense is expected to deliver its opening statement after the Crown concludes its case.
Prior to opening statements, Superior Court Justice Maria Carroccia instructed the newly selected jury, composed of nine women and five men (after two alternates were dismissed), that they alone were responsible for determining the facts. She warned them against discussing the case outside court, reading news reports, or communicating about the case in any way, noting that violations could lead to a mistrial.
The five players and their legal counsel stood to face the jury as the charges were formally read in court on Monday. Michael McLeod, 27, faces two sexual assault charges, including one for aiding in the offense. Dillon Dube, 26, Cal Foote, 26, Alex Formenton, 25, and Carter Hart, 26, are each charged with one count of sexual assault. All defendants have entered not-guilty pleas.
Monday`s court proceedings before the jury were cut short due to the federal election. Testimony is scheduled to resume on Tuesday.
Note: If you or someone you know needs support, resources are available. In Canada, province-specific centers, crisis lines, and services exist. In the United States, lists of resources and references for survivors and their loved ones can be found.
Tristan Blackwood