Content warning: This story includes allegations of sexual assault.
LONDON, Ont. — Goaltender Carter Hart testified on Friday during the trial of five former NHL players facing sexual assault charges related to a 2018 incident. Hart stated under questioning that he considered what was occurring in a room at the Delta Armouries hotel during the early hours of June 19, 2018, to be “fun and exciting.”
On his second day on the stand, the 26-year-old Hart was questioned by assistant Crown attorney Meaghan Cunningham about a text message he sent to a teammate from the 2018 World Junior team, Dante Fabbro (who is not accused of any wrongdoing), asking him to “come to room 209.”
“I suggest you wouldn’t be trying to get him in the room unless you felt it was fun and exciting,” Cunningham said. “Did you feel it was fun and exciting in the room?”
“Yes,” Hart replied.
“The guys in the room were essentially acting like they couldn’t believe their luck,” Cunningham continued. “Here was a naked woman performing sex acts on anyone who wanted it. It wasn’t shock and horror.”
“I was 19. I thought it was pretty cool,” Hart responded.
During her cross-examination, Cunningham repeatedly challenged Hart`s recollection of the night, suggesting that the amount of alcohol he consumed meant his memories covered less than half the time he was in the room. However, Hart maintained that despite being very intoxicated, he did not remember anything “disrespectful” happening to E.M., the complainant whose name is protected by a publication ban.
“I don`t think anyone would have done anything to hurt her,” Hart stated. “I think if something happened that she didn’t want, I would have put a stop to it. Other guys would have. I wouldn’t have stayed in the room as long as I did.”
Earlier in the trial, E.M. testified that she was slapped on the buttocks that night, an act the Crown attributes to Dillon Dube. E.M. also testified that Cal Foote performed the splits over her while naked.
Hart, who was present, asserted that he did not witness Dube slap the woman and claimed Foote was clothed when he did the splits.
“From your perspective, there`s nothing particularly exciting about seeing a fully clothed guy who everyone already knows can do the splits, do the splits, right?” Cunningham questioned. “What would be more exciting would be to see a guy with no pants on do the splits right over E.M.’s face.”
“Don’t you agree that would be more exciting?”
“That`s pretty weird,” Hart responded.
“Well, the whole night was weird, wasn’t it?” Cunningham asked.
Hart concurred with Cunningham`s suggestion that he did not feel events “got out of hand” at any point during the approximately hour he spent in the room, and that E.M. had consented to the sex act she performed on him. He also agreed that players in a group chat started a week later, on June 26, 2018, were attempting to align their accounts of what transpired in the room. Hart stated his primary concern was violating Hockey Canada`s strict rules against bringing women to hotel rooms.
Michael McLeod is charged with two counts of sexual assault, including aiding in the offense. Dillon Dube, Cal Foote, Alex Formenton, and Carter Hart are each charged with one count of sexual assault. All five have entered pleas of not guilty.
The trial is scheduled to continue next week, entering its seventh week, with the defense expected to call additional witnesses.
Duncan Priestley 
Neville Woodall