Content warning: This story includes allegations of sexual assault.
LONDON, Ont. — Carter Hart testified on Friday during the trial of five former NHL players accused of a sexual assault in 2018, stating that he agreed what was occurring in a room at the Delta Armouries hotel in the early hours of June 19, 2018, was “fun and exciting.”
On his second day on the stand, Hart, 26, was questioned by assistant Crown attorney Meaghan Cunningham about why he sent a text message to his world junior teammate Dante Fabbro that read “come to room 209.” (Fabbro is not facing any accusations.)
“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 questioning, Cunningham repeatedly challenged Hart’s recollection of that night’s events due to the significant amount of alcohol he had consumed, suggesting at one point that Hart’s memories covered less than half the duration he was in the room. However, Hart stated that despite being very drunk, he did not remember anything “disrespectful” happening to E.M., which is how the complainant is referred to due to a publication ban on her name.
“I don’t think anyone would have done anything to hurt her,” Hart said. “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.”
E.M. testified earlier in the trial that she was smacked on the buttocks that night, which the Crown alleges was done by Dillon Dube. E.M. also testified that Cal Foote did the splits over her while naked.
Hart, who was present in the room, maintained he did not see Dube slap the woman and that Foote was clothed when he performed 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 said. “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 said.
“Well, the whole night was weird, wasn’t it?” Cunningham asked.
Hart agreed with Cunningham when she suggested he didn’t feel that things “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 with Cunningham that the players in the group chat initiated on June 26, 2018, were attempting to align their accounts of what happened in the room. He stated his primary concern was avoiding issues with Hockey Canada, which enforced strict regulations against bringing women back to hotel rooms.
Michael McLeod has been charged with two counts of sexual assault, including one related to aiding in the offense. Dillon Dube, Cal Foote, Alex Formenton, and Carter Hart have each been charged with one count of sexual assault. All have entered pleas of not guilty to their charges.
The trial is expected to continue next week, entering its seventh week, with additional witnesses anticipated to be called by the defense.
Editor’s note
If you or someone you know is in need of support, those in Canada can find province-specific centres, crisis lines and services. For readers in the United States, a list of resources and references for survivors and their loved ones can be found.
