Content warning: This story includes allegations of sexual assault.
LONDON, Ontario — A judge presiding over the sexual assault trial involving five former NHL players has set July 24 as the date to deliver the verdict.
Justice Maria Carroccia, who oversaw the proceedings, made the announcement on Tuesday following discussions with both the prosecution and defense teams.
Justice Carroccia stated that she will read her decision in person in the same courtroom where the eight-week trial is concluding.
Earlier in the trial, during his closing statement, Daniel Brown, a lawyer representing Alex Formenton, alleged that the complainant lied while testifying.
The complainant, identified as E.M. due to a publication ban, spent nine days on the witness stand responding to questions from the Crown and five defense lawyers.
“She didn’t just make mistakes; she committed perjury,” Brown told the court and Justice Carroccia. “This should raise concerns for Your Honour about the truthfulness of her testimony in other instances. You cannot depend on what she says under oath.”
Brown claimed E.M. provided false information to London police about her weight, misrepresented how often she had visited Jack’s bar for dollar-beer night, lied about her alcohol consumption habits, and was dishonest about her familiarity with the Delta Armouries hotel.
Later in the day, Lisa Carnelos, representing Dillon Dube, argued that a slap her client is accused of delivering to E.M. was merely “a very minor, playful action, typical of foreplay.” Carnelos also noted that no other witnesses called testified to seeing Dube slap E.M.
E.M. testified that she felt endangered when players in the room began discussing using golf clubs and golf balls on her. Carnelos countered that there was no evidence Dube, who admitted in a police interview to holding a golf club, did anything with it. She suggested his admission to holding the club demonstrated honesty.
Carnelos further contended that the group chat among the players that night did not indicate collusion.
“These are young men. How else would they react, other than thinking they might face trouble because this woman came to the room and expressed a desire for group sex? I urge you to apply your sound common sense,” Carnelos argued to Justice Carroccia. She added, “On several occasions, participants in the group chats encouraged each other to be truthful.”
Carnelos concluded that E.M.’s testimony could not be trusted beyond a reasonable doubt because she presented it in a disjointed manner, out of chronological sequence, and with gaps.
Closing submissions, also known as closing arguments, serve as an opportunity for the defense and Crown to summarize evidence, emphasize key points, and attempt to persuade the judge in their favor. These submissions themselves are not considered evidence.
Michael McLeod faces two counts of sexual assault, one of which involves aiding the offense. Dillon Dube, Cal Foote, Alex Formenton, and Carter Hart are each charged with one count of sexual assault. All defendants have pleaded not guilty.
Carnelos and Julianna Greenspan, counsel for Cal Foote, were expected to present their closing arguments on Wednesday, followed by Assistant Crown attorney Meaghan Cunningham with the prosecution’s closing remarks.
