Consequently,
Hockey players: crown will not:
The crown decided not to appeal the non-guilty decisions rendered on July 24. Nevertheless, by a judge of the Ontario Superior Court in the trial for sexual assault of five former junior hockey players.
Carter Hart, Alex formenton, Cal Fote, Michael McLeod and Dillon Dube faced a chief of accusation of sexual assault each. Similarly, Michael McLeod had also been accused of the additional leader in participation in the offense of sexual assault. Nevertheless,
Carter Hart, Alex Formenton, Cal Foote, Michael McLeod et Dillon Dube.
Photo : Radio-Canada
The alleged facts would have occurred in 2018 in a London hotel room in Ontario. Furthermore, after a gala to celebrate the team’s victory.
The complainant EM. Furthermore, whose identity is protected by a non-publication order, had a consenting sex with MCLEOD earlier in the night.
The question of consent was at the heart of the trial which lasted eight weeks.
Judge Maria Carroccia chairs the trial of the five former team members Canada Junior accused of sexual assault in London in Ontario. Therefore,
Photo : Radio-Canada / Alexandra Newbould
In her decision, judge Maria Carroccia ruled that EM’s testimony was neither reliable nor credible.
She underlined numerous inconsistencies between the testimony of the complainant. the evidence presented at the trial and previous declarations, made in particular to the police.
The magistrate also concluded that the crown had not succeeded in proving that EM had not consented to the sexual activity which. she argued, had occurred against his consent.
The crown had 30 days to decide if it would appeal.
Credibility. great deference
to hockey players: crown will not the trial judges
Crown’s decision does not not surprise
The criminal lawyer Sam Puchala, who is not involved in this case, but who followed him closely.
She underlines that to call a verdict. the crown needs to have permissions
and to have a pattern such that law errors
from the trial judge.
However, the credibility and reliability of witnesses are elements fundamental
in such files.
The conclusions of Judge Carroccia therefore make any possibility of complicated appeal, explains Me Puchala.
The courts of appeal grant a great deference to the evaluation of reliability. credibility by the judges of first instance because it is they who really observe the witnesses directly and the proof which is given during the testimony hockey players: crown will not of these witnesses.
By email, a spokesperson for Hockey Canada indicates that the organization will not comment on this development for the moment.
The Association of Players of the National Hockey League (AJLNH) also indicates that it has. no other comments to make beyond [sa] July 24 declaration
.
At the end of the verdict. the association had claimed that hockey players be new eligible to reintegrate the National Hockey League (NHL). There NHL had dismissed this possibility, the time she examines the judge’s conclusions.
A survey reopened in 2022
This file particularly caught the attention of the public in 2022. after the media had revealed that Hockey Canada had concluded an hockey players: crown will not amicable settlement with the complainant, the amount of which was not revealed.
After the outcry caused by these revelations. the London police service reopened his investigation into this case, which he had first closed in 2019 without charging.
The police force had concluded this time that he had enough evidence to deposit charges against the five hockey players.
Further reading: Florian Thauvin, the verdict fell – Simone Troxler: she tells her addiction to running – Mercato: Conrad Harder (Sporting) and Esteban Lepaul (Angers) targeted to replace Kalimuendo? – Omnium National Bank | “It’s final, unless I win the tournament,” says Eugenie Bouchard – Julian Alaphilippe, end of collaboration formalized.