LONDON, Ontario – The judge overseeing the trial of five Canadian hockey players facing sexual assault charges dismissed the jury on Friday. The decision followed a complaint alleging that defense lawyers were laughing at some jury members.
Justice Maria Carroccia of the Ontario Superior Court will now preside over the high-profile case independently.
The issue arose on Thursday after a juror submitted a note indicating that several jury members felt they were being judged and mocked by lawyers representing one of the defendants as they entered the courtroom daily. The lawyers, Daniel Brown and Hilary Dudding, denied the accusation.
Justice Carroccia stated she had not personally observed any behavior causing concern. However, she concluded that the jurors` negative perception of the defense could jeopardize their impartiality, deeming the situation irremediable.
Michael McLeod, Dillon Dube, Carter Hart, Cal Foote, and Alex Formenton were charged with sexual assault last year. The charges stem from an alleged incident involving a then-20-year-old woman during a Hockey Canada event in London celebrating their world junior tournament championship. McLeod faces an additional charge as a party to the alleged sexual assault offense.
All the players have entered not guilty pleas. None are currently active members of an NHL team or hold a contract within the league.
Testifying remotely from another room in the courthouse, the woman stated she was intoxicated, unclothed, and frightened when men began entering a hotel room. She testified that she felt pressured to comply with what the men wanted. Prosecutors argue that the players proceeded without taking measures to ensure she was voluntarily consenting to sexual acts.
Defense attorneys conducted days of cross-examination, suggesting the woman actively participated in or initiated sexual activity, implying she desired a `wild night.` The woman countered that she does not recall making such statements and that her state should have been apparent to the men.
A police investigation into the incident was closed without charges in 2019. Hockey Canada launched its own investigation but discontinued it in 2020 after extended attempts to gain the woman`s participation proved difficult. Efforts were renewed following public outrage over a settlement reached by Hockey Canada and others with the woman in 2022.
Police announced criminal charges in early 2024, stating they were able to move forward after gathering new, undisclosed evidence.
Rupert Hartwell