After weeks of emotional testimony and legal arguments, closing arguments got underway Monday in the sexual assault trial of five former players from Canada’s 2018 world junior hockey team.
The accused, Michael McLeod, Carter Hart, Dillon Dubé, Alex Formenton, and Cal Foote, have each pleaded not guilty to sexually assaulting a woman, who can only be identified as E.M., in a London hotel room in June 2018.
The trial is being heard by Ontario Superior Court Justice Maria Carroccia without a jury, after the original jury was dismissed in May due to concerns about perceived misconduct by defence lawyers.
Defense lawyers began their final arguments by challenging E.M.’s credibility, arguing that her account has changed over time. Lawyer David Humphrey, representing McLeod and others, said E.M. told her mother the incident began as a “white lie that snowballed.” He said she now wants to be seen “as a victim rather than someone responsible for her own choices.”
The defense argued that McLeod’s actions early in the encounter indicated consent, citing two videos in which E.M. is heard saying she is “okay with this.”
E.M., who testified earlier in the trial, said she was in a dissociated state and described degrading behavior by the men, including the use of golf balls and graphic sexual demands.
The defense acknowledged the disturbing nature of her testimony but maintained that the overall evidence points to consensual sex between intoxicated individuals.
Justice Carroccia is expected to take weeks, possibly months, to review the evidence before delivering her decision.