LONDON, Ont. – On the opening day of the second trial involving five former NHL players accused in a 2018 sexual assault case, the jury was presented with surveillance video footage from the bar where events allegedly occurred on the night of the incident.
The prosecution`s initial witness, London Police Service Det. Tiffany Waque, authenticated the video sources and indicated to the jury the location of the complainant, referred to as “E.M.” due to a publication ban, and a friend within Jack’s bar on Richmond Street as the footage was displayed in court.
The court viewed 14 videos, four still images, and a diagram of the bar`s layout, all collected from Jack’s from the night of June 18, 2018. The videos showed “E.M.” seemingly entering the establishment, ordering drinks, dancing, and using the ATM over approximately one hour.
Three specific videos depicted a group of young men gathering outside the bar, entering through the front door, ascending the stairs, and ordering drinks at one of Jack`s bars.
Assistant Crown Heather Donkers questioned Det. Waque, “Who are these guys?”
Det. Waque responded, “Members of the world junior championship team.”
Earlier in the day, the Crown outlined what they believed would be central to the verdict.
“This is a case about consent,” Donkers stated in her opening remarks. “And, equally as important, this is a case about what is not consent.”
Donkers provided details about the evidence the prosecution and defense were expected to introduce throughout the trial, including the allegations concerning what transpired in a hotel room at the Delta Armouries following a Hockey Canada gala on June 18, 2018.
Opening statements serve as a summary of the evidence the Crown intends to present and are not considered evidence themselves. The defense is anticipated to deliver their statement after the prosecution concludes its case.
Before the opening statement, Superior Court Justice Maria Carroccia instructed the newly selected jury, comprising nine women and five men, that they alone were responsible for determining the facts. She cautioned them against discussing the case outside the courtroom, reading news reports, or communicating with anyone about the proceedings. Violating these conditions could lead to a mistrial.
The five accused players and their legal counsel stood as the charges were formally read. Michael McLeod, 27, faces two counts of sexual assault, including one count related to aiding in the offense. Dillon Dube, 26, Cal Foote, 26, Alex Formenton, 25, and Carter Hart, 26, are each charged with one count of sexual assault. All defendants have entered pleas of not guilty.
Monday`s court session before the jury was brief, reportedly due to a federal election. Testimony is scheduled to resume on Tuesday.
