Content warning: This story includes allegations of sexual assault.
LONDON, Ont. — Brett Howden`s testimony in the trial of five former NHL players facing sexual assault charges concluded prematurely on Tuesday. This occurred after assistant Crown attorney Meaghan Cunningham raised concerns about discrepancies between Howden`s evidence given in court and statements he made on three prior occasions.
Howden, 27, who plays for the Vegas Golden Knights, appeared via Zoom from Las Vegas. During extensive questioning by Cunningham throughout much of the day, Howden frequently had difficulty recalling specific details regarding the events alleged to have occurred in London on June 18 and 19, 2018.
Cunningham announced her intention to pursue a voir dire—a trial within a trial—to cross-examine Howden based on what she cited as “upwards of 15” inconsistencies. These discrepancies were noted between his testimony on Tuesday and evidence he provided in interviews with lawyer Danielle Robitaille on July 3, 2018, and September 17, 2022, as well as an interview with London police Det. Tiffany Waque on August 23, 2023, and text messages exchanged between Howden and current NHL player Taylor Raddysh.
Just before being excused, Howden confirmed that the interviews conducted on those dates had been recorded and transcribed accurately.
Earlier, Howden had testified that he remembered Dillon Dube “spanking” the complainant, identified as E.M. under a publication ban, when players were in Room 209 at the Delta Armouries in the early morning hours of June 19, 2018. However, when pressed for details by Cunningham, Howden`s memory was limited.
“Do you remember where in the room this happened?” Cunningham asked.
“No, I don’t remember seeing it,” he replied.
“Do you remember if she was clothed or unclothed?”
“I don’t, I don’t.”
“Do you remember what she was doing in the moment?”
“No, I don’t.”
“Do you remember if there was a sound?”
“I remember hearing it, the sound of it, but that’s all I do remember.”
“Do you recall if the woman reacted?”
“No, I don’t.”
When questioned about his feelings afterward, he stated he didn`t remember other than feeling “awkward,” “uncomfortable,” and wanting to “leave and get out of there.”
After being permitted to review his previous statements to refresh his recollection about the alleged spanking and other events, Howden repeatedly stated he lacked a specific memory of the incidents but trusted that what he had said in the statements was truthful.
Howden also testified about phone calls he had with Dube and Cal Foote in the days following the alleged incident. He stated that Dube told him “to leave his name out of it” and Foote similarly instructed him “to leave his name out.” Howden could not recall who initiated either call.
When questioned during the subsequent investigation, Howden said about Dube`s alleged actions, “I didn’t bring it up. I didn’t lie but I didn’t bring his name up.” When pressed by Cunningham for the reason, Howden responded, “I was asked not to, not to bring him up.”
Howden testified that the players present in Room 209 that night included Michael McLeod, Alex Formenton, Carter Hart, Dillon Dube, Cal Foote, Sam Steel, Drake Batherson, Jake Bean, Maxime Comtois, and Tyler Steenbergen.
Howden stated he went to McLeod`s room looking for food after returning from Jack`s bar with Batherson, Steel, and Jonah Gadjovich. He testified that the players were socializing in the room when E.M. emerged from the washroom. Shortly after, Howden claimed the woman became “flirty” with the players, soliciting sex by “chirping guys,” “taunting,” and “egging everyone on.”
Earlier in the day, Tyler Steenbergen concluded his testimony remotely from Sylvan Lake, Alta.
Michael McLeod faces two counts of sexual assault, including one related to aiding in the offense. Dillon Dube, Cal Foote, Alex Formenton, and Carter Hart are each charged with one count of sexual assault. All five defendants have entered pleas of not guilty.
The judge-only trial is being overseen by Ontario Superior Court of Justice Maria Carroccia and is currently in its fifth week.
