LONDON, Ont. – A mistrial has been declared in the Hockey Canada sexual assault case, just two days after the Crown attorney delivered opening statements and three days after a 14-person jury was selected in Ontario Superior Court.
Those 14 jurors – 11 women and three men – were sent home Friday following the ruling by Justice Maria Carroccia, who has been overseeing the trial that started on Tuesday.
Carroccia adjourned court early Wednesday, informing jurors: “Something happened over the lunch hour that I need to think about and to discuss with the lawyers.” She then instructed the jurors not to talk about it further.
A publication ban prevents media from sharing what led to the mistrial and any discussions in court that weren’t revealed to the jury. A new jury of 14 people, nine women and five men, was selected Friday afternoon. The trial for this jury will begin on Monday.
The much-anticipated trial involves former NHL players Michael Mc Leod, Carter Hart, Alex Formenton, Dillon Dubé, and Cal Foote. They are facing sexual assault charges related to a June 2018 incident where a 20-year-old woman claimed she was assaulted for several hours in a London hotel room. The players had pleaded not guilty during their arraignment on Tuesday; they were in town that weekend for a Hockey Canada gala celebrating their 2018 World Junior Championship.
In her opening statements on Wednesday, Crown attorney Heather Donkers outlined the prosecution’s case, telling jurors that the outcome would depend on understanding consent and encouraged them to set aside any preconceptions about sexual assault.
Donkers explained what jurors could expect from the complainant’s testimony and evidence throughout a trial expected to last eight weeks. She stated that the defendants “had sexual contact with the complainant without her voluntary agreement to the specific acts that took place.”
(Photo by Peter Power / AFP via Getty Images)
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