Hockey Canada Sexual Assault Trial Continues as Judge-Alone Hearing After Jury Dismissed

Strategic Insights -

Following a complaint from jurors that two defence lawyers, Daniel Brown and Hilary Dudding, appeared to be making fun of them, the judge-alone trial of five Hockey Canada players accused of sexual assaulting a then-20-year-old woman will continue. Superior Court Justice Maria Carroccia dismissed the jury, finding that their ability to remain impartial had been compromised. The defence had initially argued that an inquiry of the jury would be sufficient to remedy the issue, but Carroccia disagreed, stating that it would be difficult to conduct an inquiry without potentially impacting trial fairness.

Key Takeaways:

  • The jury was dismissed after jurors complained that defence lawyers Daniel Brown and Hilary Dudding appeared to be making fun of them.
  • Superior Court Justice Maria Carroccia found that the jurors' ability to remain impartial had been compromised, citing the possibility that negative feelings toward the defence lawyers could impact their decision.
  • The trial will continue as a judge-alone hearing, with witnesses who have already testified not being required to return.
  • The five defence teams, including those representing Michael McLeod, Alex Formenton, Dillon Dubé, Carter Hart, and Cal Foote, had petitioned for a mistrial, citing the jurors' comments about being mocked.
  • The Crown had also wanted to continue with a jury, but eventually agreed to proceed with a judge-alone trial.
  • The defence suggested that the jury's concerns may have been influenced by the daily protests outside the courthouse and personal attacks on the defence lawyers on social media.
  • This is the second mistrial in the case, following a previous incident in which a juror reported that Dudding spoke to her during a lunch break.

Statistics:

  • 14 members of the jury
  • 5 defence teams
  • 2 previous mistrials
  • 9-days of testimony from the complainant
  • 8 witnesses who have testified, including the complainant, a London police detective, and several players who were in the hotel room

Sources:

  • The Toronto Star
  • The Canadian Press
  • Courthouse documents and proceedings
  • Hockey Canada trial transcripts