In a legal proceeding involving individuals from the 2018 Canada world junior hockey squad, five athletes have been declared innocent of sexual assault. On Thursday, in a London, Ontario, courtroom, Superior Court Justice Maria Carroccia announced the decision concerning Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube, and Callan Foote.
After reviewing the evidence, Carroccia commented that she did not find the complainant’s testimony to be “believable or dependable.”
“Having determined that I am unable to depend on the statements of E.M., and subsequently taking into account all the evidence presented during this trial, I have come to the conclusion that the prosecution is unable to fulfill its burden of proof regarding any of the charges before me,” Carroccia articulated.
McLeod, Hart, Formenton, Dube, and Foote all entered pleas of not guilty to charges of sexual assault pertaining to an occurrence on July 19, 2018, inside a hotel suite in London, Ontario. At the time of the alleged sexual assault, the five athletes were present in London for a celebratory gala and golf event honoring the team’s triumph at the 2018 World Junior Championships.
McLeod was the sole defendant facing two accusations and was acquitted on both counts. He was additionally charged with “being an accessory to the crime.”
Carroccia described the different accounts of the interactions between McLeod and the complainant as “perplexing.” While the judge noted inconsistencies in McLeod’s statements, she did not consider them substantial enough to discredit portions of his account of the events of that evening.
Throughout the proceedings, prosecutors characterized McLeod as the “mastermind.”
The trial revealed that McLeod encountered the complainant at a London establishment earlier that evening before inviting her to his lodging. Prosecutors contended that McLeod invited several of his associates to the suite to engage in sexual activity with the complainant without her explicit permission.
The woman gave testimony stating that she did not willingly agree to the sexual acts that transpired in the hotel suite. The defense, conversely, asserted that the woman willingly took part in the sexual activity and fabricated a misleading account of the events during the trial.
Attorneys for McLeod, Hart, Formenton, and Dube argued that the woman had granted consent for sexual acts, while Foote’s legal representative claimed that he was clothed while performing splits over her body during the alleged assault.
Two other team representatives, Brett Howden and Tyler Steenbergen, testified that the woman queried the group about whether anyone wished to engage in sexual relations with her. Overall, nine individuals provided testimony throughout the six-week trial, with the majority offering their accounts via remote means.
The trial commenced in April and was initially presented before a jury. However, Carroccia dismissed the panel on a couple of instances and ultimately decided to proceed with a single judge to prevent the necessity of initiating the trial anew.
