Withdrawn charges in Stronach sex assault trial raise questions about prosecution

WARNING: This story references sexual assault allegations and may affect those who have experienced​ ​​​sexual violence or know someone affected by it.

When his trial began in February, Frank Stronach faced 12 counts related to seven female complainants whose allegations included sexual assault and the historical charges of rape and attempted rape.

Now, with all the evidence heard and closing submissions set for the end of the month, those charges have been whittled down to seven — related to four of the initial seven complainants.

That the Crown has decided to drop five charges, and discard the testimony of three complainants, has raised some questions about the initial strength of some of their cases and whether enough was done beforehand to anticipate potential problems.

It's the role of the Crown attorney to constantly assess every case for reasonable prospect of conviction, Adam Weisberg, a Toronto-based criminal defence lawyer, told CBC News in a recent interview.

"Obviously, there are some difficulties with many of these witnesses, which I think makes this case look fairly weak at this point," Weisberg said. "Some of which had to have been foreseen in some way."

The allegations against Stronach date back almost 50 years, spanning the period between 1977 and 1990.  Two of the counts, rape and attempted rape, were considered historical charges, as they were abolished when the Criminal Code was amended in 1983 to create the offence of sexual assault.

All of the initial seven complainants testified in court, offering an emotional account of the sexual offences they say they experienced at the hands of Stronach.

The 93-year-old founder of auto-parts giant Magna International, who was in court every day but never took the witness box in his own defence, has denied the allegations and pleaded not guilty to all charges.

The judge-alone trial is being overseen by Ontario Superior Court Justice Anne Molloy.

Many of the women told similar stories — meeting Stronach at Rooney's, the Toronto restaurant he used to own, and then accepting an invitation back to his Harbourfront condo. It's there where they allege he sexually assaulted them.

Two of the seven complainants alleged they were attacked in other locations — one woman claimed Stronach raped her in a hotel, while another said Stronach attempted to rape her in a midtown Toronto apartment.

Stronach's lawyer, Leora Shemesh, went through each complainant's past statements to police meticulously, attempting to undermine their credibility.

She suggested that details they initially relayed about their alleged assaults had either changed once they came to court, or that new details had emerged.