Defence Takes Aim at Complainant's Credibility in World Junior Hockey Players' Trial

The defence in the trial of five former world junior hockey players accused of sexual assault has taken aim at the credibility of the complainant, E.M., suggesting that she changed her story in an attempt to mask her regret over a night of partying and sex. Defence lawyer David Humphrey told Justice Maria Carroccia that E.M. initially told her mother that she had been assaulted, but later changed her story to fit her own narrative, creating a "false narrative" out of embarrassment. The defence also questioned E.M.'s claims that she was drunk and intimidated, pointing to video evidence that shows her dancing and walking in high heels, and suggesting that she did not make enough effort to leave the hotel room if she was scared.

Key Takeaways:

• The defence argues that E.M. created a "white lie" that snowballed into an investigation and that she has a history of changing her story to fit her own narrative.
• Defence lawyer David Humphrey suggested that E.M. invited Mr. McLeod to invite his teammates for sex, and that she did not make enough effort to leave the hotel room if she was scared.
• The defence questioned E.M.'s credibility, suggesting that she is "not an honest or reliable witness."
• Defence lawyer Megan Savard echoed those statements, arguing that E.M. was consenting enthusiastically and regretting it later.
• The defence also pointed out discrepancies in E.M.'s statements to police and her later court testimony, suggesting that she "didn't want her mother or anyone to know why she had chosen this night of drinking and partying."
• The defence suggested that E.M. may have acted like a "porn star" in the moment, giving in to the demands of the players as a coping mechanism to get through the ordeal.
• Defence lawyer Megan Savard argued that E.M.'s actions would have communicated consent to the players, saying that "a drunk text is not a binding contract."
• The defence also questioned the credibility of witness Michael Hart, who testified that E.M. was laying on the ground masturbating and moaning, and asking for players to have sex with her.

Statistics:

• The trial has been ongoing for several days, with closing submissions from the defence expected to continue on Tuesday.
• The Crown has alleged that multiple non-consensual sex acts took place, including Mr. Formenton having sex with E.M. in the hotel room's bathroom, and Mr. Dubé and Mr. Hart receiving oral sex from her.
• Mr. Dubé is alleged to have smacked the woman's buttocks, while Mr. Foote is alleged to have performed the splits over her, touching his genitals to her face.
• The alleged sexual assault came to light in 2022 when TSN reported court documents showing Hockey Canada, which presides over the world junior team, had settled a lawsuit with E.M. without the players' knowledge for an undisclosed sum.

Sources:

• The Globe and Mail
• TSN
• London Police
• Hockey Canada