Defence suggests complainant was ‘taunting and threatening’ former junior hockey players during sexual assault trial

Cross examination continued in a London courthouse in the sexual assault trial of five former world junior hockey players. CTV's Nick Paparella reports.

Warning: This story contains graphic details and allegations of sexual assault

The fourth of five defence lawyers in the sexual assault trial of five former members of Canada’s world junior hockey team has cross-examined the complainant.

Lisa Carnelos, lawyer for Dillon Dube, questioned the woman known as E.M., about being in the London, Ont., hotel room on the night in question, suggesting that the woman was “taunting and threatening” the “boys” and called them “pussies” when they would not have sex with her.

“You became upset when the boys would not take you up on your offers,” Carnelos said.

“No, I explained that the anger and the frustration I was feeling was because when they weren’t doing anything, I would try to leave and they still wouldn’t let me leave [the hotel room],” E.M. responded. “That’s where I was becoming angry.”

Carnelos also told the court there were multiple people in the room with multiple conversations going on at the same time - suggesting that the, “... boys were having fun amongst themselves, separate and apart from your [EM’s] existence. Agree or disagree?”

“No, I don’t agree with that. I wasn’t trying to be the centre of attention in the room. If they wanted their own conversations, I’m sure they all had other hotel rooms they could have gone to do that in,” E.M. responded. “I felt like I was watching everything unfold. I felt like I was watching myself and just could hear what they were all shouting and saying. I wouldn’t have noticed if they were talking in their own groups together. I all felt like they were talking about what to do, what they wanted to see me do. That’s what I recall.”

Carnelos went on to discuss the layout of the room saying it’s a little bit more spacious than a typical two-bed double bedroom.

“There was a foyer outside of the bathroom and front door exit before even walking back into the main area of the suite,” Carnelos added. “...no one was blocking it [the door] to the left of the bathroom, correct?”

“No one was physically kind of like blocking it, but with the amount of people there, I don’t know, yeah, but no one was right there blocking it I don’t think,” said E.M.

“Once you come out of the bathroom, quite frankly, the exit is to your left and the main area of the bedroom, you actually have to walk a little further to get to and that’s turning right out o the bathroom... so it’s actually closer to the exit than it is to go back in the room,” said Carnelos.

E.M. agreed and said: “Any time I did try to get to the exit, that’s when they would walk me back.”

Carnelos switched gears and focused on other men entering the room.

E.M. said she went into the bathroom after having consensual sex with Michael McLeod and when she came out there were two more men, and at some point E.M. had testified she went back into the bathroom, saying while she was in there, she didn’t know if they would still be there when she came back out.

“If you didn’t confirm for yourself that they had left, then you have to agree that when you came back out naked from the bathroom, you had no idea whether they were going to still be there or not?” questioned Carnelos.

“I guess I didn’t know what to expect,” E.M. responded.

“This is despite the fact that you have clothing in the bathroom that you could have put back on,” said Carnelos.

“Correct I guess my clothing was in there and just, I didn’t know what to do. I knew there were people there, i didn’t know if they left or not and then I just came out and there were just more people [in the room].”

Court took the afternoon lunch break around 12:45 p.m. and is scheduled to resume at 2:15 p.m.

Daniel Brown finishes cross examination

Earlier in the day, Daniel Brown, defence lawyer for Alex Formenton, questioned the woman, known as E.M., about having sex with his client in the bathroom of room 209 in a London, Ont., hotel.

E.M. had previously described the interaction with Formenton and said it as not something she wanted.

“I remember getting up to go into the bathroom, and he had came in there as well,” she said.

“And do you remember leading him [Formenton] into the bathroom?” said Brown.

“I don’t believe I was leading him in there. I know I got up to go to the bathroom, and then I knew he was following behind, so I guess that means that I was leading, sure,” she responded.

Brown then questioned her and said: “If someone said you were actually pulling him into the bathroom, what would you say about that? There’s a witness at this trial that says you pulled him [Formenton] in. Is that possible? You just don’t remember that?”

“I don’t recall it happening like that, but I guess it could be possible,” she responded.

• Here’s a recap of what happened in the second week of the trial

E.M. first took the stand on May 2 and spent most of last week facing questions from the defence.

On Friday, she pushed back against a suggestion that she was embarrassed and ashamed of the choices she’d made the night of the alleged incident.

She said she made the choice to drink and dance at a London, Ont., bar where she first met some of the accused, not to “have them do what they did back at the hotel.”

Michael McLeod, Carter Hart, Formenton, Dube and Callan Foote have pleaded not guilty to sexual assault in connection with an encounter that took place at the Delta hotel in the early hours of June 19, 2018.

McLeod has also pleaded not guilty to an additional charge of being a party to the offence of sexual assault.

If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:

If you are in immediate danger or fear for your safety, you should call 911.

A full list of sexual assault centres in Canada that offer information, advocacy and counselling can be found ​on the website for Ending Sexual Violence Association of Canada.

Helplines, legal services and locations that offer sexual assault kits in Alberta, B.C., Saskatchewan, Manitoba, Quebec, Ontario and Nova Scotia can be found here.

National Residential School Crisis Line: [phone]

24-hour crisis line: 416 597 8808

Canadian Human Trafficking Hotline: [phone]

Trans Lifeline: [phone]

Sexual misconduct support for current or former members of the Armed Forces: [phone]

Read about your rights as a victim here.