Warning: This story contains graphic details.
The government’s opening statement in the trial of five former members of Canada’s 2018 world junior hockey team, previewed for the jury just what they’ll be hearing over the course of the proceedings — and detailed an hours-long alleged sexual assault that began early in the morning of June 19, 2018.
Assistant Crown Attorney Heather Donkers described text message sent by Michael McLeod to his Team Canada teammates, asking if anyone was interested in participating in a “3 way,” inviting players back to his room at the Delta Hotel in London, Ont.
All five players of the accused, Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube, and Cal Foote, were seated at separate tables with their respective legal teams during the proceedings.
The players are charged with sexually assaulting a woman who is identified in court documents as E.M., at a London hotel following a Hockey Canada golf and gala event. McLeod faces a second sexual assault charge as a party to the offence.
Donkers told the jury of 11 women and three men on Wednesday that the case against the defendants, “is about consent. And equally important, it is about what is not consent.”
She said E.M., who was 20 years old at the time of the alleged incidents, went out to Jack’s Bar on Richmond Street with a group of friends and consumed about eight alcoholic drinks over the course of the evening. While she was at the bar, McLeod and Dube were among the hockey players who surrounded E.M. on the dance floor, Donkers said.
Shortly after 1:20 a.m., it was explained to the jury that McLeod and E.M. left the bar together and went to McLeod’s room, room 209 at the Delta Armouries Hotel, where the hockey players were staying. Donkers said E.M. and McLeod did engage in consensual sex.
“Soon after that sexual act ended, the atmosphere in the room changed,” Donkers said. “[E.M.] will testify that she observed Mr. McLeod on his phone and she believed he was messaging people, but she did not know who or what he was messaging.”
Donkers went on to say that the jury would see copies of those text messages, “which include messages Mr. McLeod sent to his teammates in a group chat... You will also hear that Mr. McLeod went into the hallway and invited people into his room, where [E.M.] still lay, naked, under the covers of the bed,” Donkers said. “Before long, more and more men began arriving in room 209. There were up to 10 men inside this standard-sized hotel room at different points in the night.”
It was also explained to the jury that in the Crown’s opening remarks, “It is anticipated that you are going to hear from E.M., and others in the room, that in this context, each of the five accused in this case had sexual contact with [the complainant] without her voluntary agreement to the specific acts that took place.”
Following Donkers remarks, she gave an agreed statement of facts between the Crown and defendants.
Earlier in the day when Justice Maria Carroccia addressed the jury, made up of 11 women and three men, she said, “...Do not let anyone talk you about this case, tell them that you are not at liberty to talk to them.,” said Carroccian. “The only information that can be considered during deliberation is the information received in the courtroom – do not seek out other information about the case.
Carroccia went on to say, “Sexual assault can take place in many different circumstance between all kinds of people who react in all kinds of ways… do not jump to conclusions… there is no single way or rule how people involved in any sexual encounter, behave during and afterwards.”
When court resumed after the lunch break, the judge told the jury that Wednesday’s hearing would end early.
She told the jury, “Something happened over the lunch hour that I need to think about and fully discuss with the lawyers.”
Court will resume on Thursday morning.
