Ontario Judge Rejects Text Message as Evidence in Hockey Player Assault Trial

Strategic Insights -

An Ontario judge has ruled against prosecutors' attempt to admit a text message sent by a former world junior hockey player as evidence in the sexual assault trial of five of his ex-teammates. The text message, sent by Brett Howden, described seeing one of the accused, Dillon Dubé, slap the complainant on the buttocks "so hard" that it looked like it hurt. However, Justice Maria Carroccia ruled that the text message does not meet the test for reliability and therefore cannot be admitted as evidence.

Key Takeaways:

  • The text message was sent by Brett Howden to another teammate, Taylor Raddysh, describing an incident where Dillon Dubé slapped the complainant on the buttocks "so hard" that it looked like it hurt.
  • Prosecutors sought to have the text message admitted as a principled exception to hearsay, but Justice Maria Carroccia ruled that it does not meet the test for reliability.
  • The reliability test requires that the witness can vouch for the statement's truthfulness, but Howden only stated that he wasn't trying to lie when he sent the text.
  • Howden's lack of memory even after reviewing his previous statements sparked the consideration of the text message as a "past recollection recorded."
  • The trial centers on an encounter that took place in a London, Ont., hotel room in the early hours of June 19, 2018.

Statistics:

  • 1 text message was sent by Brett Howden describing the incident.
  • 1 week passed before the text message was sent as part of a broader exchange on the events of the night.
  • 5 former teammates, including Dillon Dubé, Michael McLeod, Alex Formenton, Carter Hart, and Cal Foote, have pleaded not guilty to sexual assault.

Sources:

  • "Ont. judge rejects prosecutors' attempt to use text message in hockey player assault case." The Canadian Press.