What the jury didn't hear — and other things we can now report — in world junior hockey sex assault trial
CBC
WARNING: This story contains graphic details of alleged sexual assault and might affect those who have experienced sexual violence or know someone who's been impacted by it.
In a stunning move, the jury hearing the case against five former world junior hockey players charged with sexually assaulting a woman in a London, Ont., hotel room in 2018 was discharged and the case is now proceeding with just a judge.
It's the second time the entire trial has been almost derailed, and we can now report details of what's been happening amid proceedings that we couldn't before.
Dillon Dubé, Cal Foote, Alex Formenton, Carter Hart and Michael McLeod have pleaded not guilty. The complainant is known as E.M. in court due to a standard publication ban.
The case dates back to June 2018, when the hockey team was in London for a Hockey Canada gala celebrating the world championship they won months earlier.
The latest courtroom turn of events happened Thursday, when a note was sent to the judge by a juror in the trial, which got underway in late April. The note outlined concerns that Dan Brown and Hilary Dudding, lawyers representing Formenton, appeared "every day" to be whispering to each other and laughing "as if they are discussing our [jurors'] appearance" as they entered the courtroom.
"This is unprofessional and unacceptable," the note said.
After speaking, all five defence teams asked for a mistrial or for the jury to be discharged and the case to proceed with just a judge. The lawyers cited perceived "prejudice" that the jurors might have against the defence and the "chilling effect" on those lawyers, who were worried to "zealously" defend their clients lest their gestures be misinterpreted by the jury.
Assistant Crown attorney Meaghan Cunningham argued that jurors could be asked if they would be able to set aside any impressions they may have formed of the defence lawyers, and could also be given instructions reminding them to only consider the evidence before them and put out of their minds any negative ideas about Brown and Dudding.
Carroccia ruled Friday, after taking the evening before to consider the options, that the trial would proceed with her oversight alone.
Because Carroccia let the jury go, the publication ban on anything heard without the jury present has now lifted, so we are able to report more of what's happened since proceedings began.
Although both the Crown and defence agreed to the jury's discharge and the judge-only proceedings, the decision drew swift reaction from lawyers for Formenton.
"We are not in the habit of making public statements during a trial, and this is likely to be the only time we do so in this case," said a letter sent from Brown to the media on behalf of his client's legal team.
The letter said discharging the jury "was a regrettable development" for Formenton, and noted, "He had very much wanted to be tried by a jury of his peers and has now lost that opportunity.
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