Crown begins closing argument at hockey sexual assault trial

Content warning: This story includes allegations of sexual assault.

LONDON, Ont. — On Wednesday, the prosecution presented its closing argument, contending that the complainant in the trial involving five former NHL players accused of sexual assault was not the one who initiated the events that took place in June 2018.

During their testimony, defence lawyers had asserted that the complainant, identified as E.M. under a standard publication ban, had aggressively solicited sexual activity from the players in Room 209 at the Delta Armouries hotel in London during the early hours of June 19, 2018.

Assistant Crown attorney Meaghan Cunningham stated on Wednesday that earlier testimony from Taylor Raddysh and Boris Katchouk contradicted the defence`s claim that E.M. had asked Michael McLeod to invite his teammates to the room for sex. Raddysh and Katchouk testified that E.M. was quiet and under the covers when they arrived.

“Someone is lying,” Cunningham told Justice Maria Carroccia in court.

“It defies logic and common sense that if she was actually the instigator, if she was the one who wanted to engage in sexual activity with anyone else other than Mr. McLeod, that she would not engage with Raddysh and Katchouk. It makes absolutely no sense.”

She further noted that Raddysh and Katchouk, who departed before the other players arrived, were the only two players who saw E.M. that evening who were not part of the group chat created on June 26, 2018, to discuss the incident.

“Their description is completely at odds with the testimony of everyone who was in the group chat,” Cunningham said.

Cunningham argued that the evidence indicates McLeod was the individual who conceived the plan. She cited his 2018 interview with London police Detective Stephen Newton where he stated he instructed players in the room not to record events on their phones and to “be smart about this.”

The prosecution suggested that Justice Carroccia should view the events of that night through the perspective that it was orchestrated by McLeod.

“This is how it all started,” Cunningham asserted. “E.M. was not the one who started this. He was the one who told them she was there for their sexual pleasure. She didn’t know. That paints all of the witnesses in a very different light.”

She added that when McLeod sent a text message to a group of players reading, “Who wants to be in a 3 way quick,” the inclusion of the word “quick” implied a sense of urgency because, as Cunningham argued, “he knows she doesn’t even know she has made the offer to his friends.”

Earlier on Wednesday morning, lawyers representing Cal Foote and Dillon Dube concluded their closing submissions.

Julianna Greenspan, the lead counsel for Foote, began her submission by stating, “Cal Foote did not sexually assault E.M.”

She contended that E.M. had altered her account from her initial interview with London police, later claiming that a man, subsequently identified as Foote, performed the splits over her while naked on June 19, 2018.

“She didn’t say it in 2018 because the person was not naked,” Greenspan argued. “Her explanation is nonsensical.”

Carter Hart testified during the trial that he witnessed Foote doing the splits over E.M. while fully clothed and that he did not touch her. Hart stated E.M. was laughing during this time.

Video evidence shown during the trial depicted Foote doing the splits on a dancefloor at Jack’s bar, fully clothed. Greenspan suggested the same action occurred in Room 209.

“There is evidence that people in that room said, ‘Footer, do the splits.’ … There’s no evidence people said, ‘Oh, and take your clothes off. Take your clothes off this time when you do that thing you do every time you do the splits with your clothes on.’”

Greenspan also questioned why the prosecution did not call other players who were in Room 209 that night as witnesses. In addition to Raddysh and Katchouk, the Crown called Brett Howden and Tyler Steenbergen. Players not called included Drake Batherson, Jake Bean, Maxime Comtois, Sam Steel, and Robert Thomas. Police interviews with McLeod and Alex Formenton were presented, and an audio recording of an interview with Dube was played.

Concluding her submission on behalf of Dube, Lisa Carnelos asserted that the Crown had not proven beyond a reasonable doubt that E.M. was not consenting and therefore Justice Carroccia must acquit all five defendants.

Closing submissions, also referred to as closing arguments, are used by both the defence and the prosecution to summarize the evidence presented, reinforce key arguments, and attempt to persuade the judge (in this case) to rule in their favour. Closing submissions do not constitute evidence.

McLeod faces two counts of sexual assault, including one related to aiding the offence. Dube, Foote, Formenton, and Hart are each charged with one count of sexual assault. All have pleaded not guilty to their respective charges.

The prosecution is scheduled to continue presenting its closing submissions on Thursday, followed by replies or rebuttals from the defence lawyers, which may extend into Friday. The trial is nearing the end of its eighth week. Justice Carroccia is scheduled to deliver the verdict in court on July 24.