The female complainant in the high-profile world junior sexual assault trial is returning to the stand for the sixth straight day Friday.
Since Monday, the 27-year-old woman, whose identity is protected under a standard publication ban, has been under cross-examination by defence lawyers for Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Callan Foote.
All five men have pleaded not guilty to charges of sexual assault stemming from what the Crown alleges was non-consensual group sex in June 2018. McLeod has also pleaded not guilty to an additional charge of being a party to the offence of sexual assault.
The men’s defence lawyers can each question the woman, who has been appearing virtually since last Friday inside a London, Ont., courtroom. McLeod’s lawyer, David Humphrey, told court Wednesday that the defence would try their best not to overlap with each other during cross-examination.
Dan Brown, lawyer for Formenton, began his cross-examination Thursday afternoon after Megan Savard – lawyer for Hart – and Humphrey finished their questioning of E.M., as she’s known in court documents.
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Brown suggested at the start of court Friday part of the reason why cross-examination is taking so long is because E.M. is not answering questions directly. E.M., who has elaborated often in her responses, replied it was her opportunity to “stand up for myself.” Brown interjected, and Superior Court Justice Maria Carroccia asked E.M. to answer the questions directly.
All of the accused were part of Canada’s 2018 world junior hockey team and were in London for events marking their gold-medal performance at that year’s championship.
Before the alleged incident unfolded, E.M., who was 20 at the time, had consensual sex with McLeod in his room after meeting him and his teammates at a downtown bar on June 18.
The woman, who has said she was drunk and not of clear mind, has testified that she was naked and afraid when men she didn’t know started coming into the hotel room after they had consensual sex. The Crown is alleging that in the early morning hours of June 19, McLeod sent messages to the players in a group chat, inviting them to the room for a “3 way.”
The complainant has described going on “autopilot,” and feeling like she was watching herself from outside her body as she engaged in sexual acts with the men. She has said the men didn’t physically keep her from leaving, but allegedly coaxed her into staying.
Meanwhile, defence lawyers have suggested the woman asked McLeod to call his friends into the room because she wanted a “wild night,” and they have suggested she has been “twisting” her words over time to make the alleged incident sound worse.
E.M., who broke down in tears towards the end of the day Wednesday, has rejected those claims.
— with files from The Canadian Press
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