Seven years after the alleged facts, a year and a half after the five accused went to the police, six weeks after the conclusion of the trial, judge Maria Carroccia will return her verdict on Thursday in the file of the five team hockey players Junior accused of sexual assault. To see more clearly, The press discussed with me Simon Roy, full professor at the Faculty of Law of the University of Sherbrooke.
How did we get there?
Reminder of the facts: in June 2018, Hockey Canada (HC) held an event in London to highlight the conquest of the gold medal five months earlier in the junior world championship. It was during this evening that the alleged victim, designated by the initials EM, claims to have been sexually assaulted by Michael McLeod, Carter Hart, Alex formenton, Dillon Dube and Callan Fote, all members of the Champion team. London and Hockey Canada police each conduct their investigation, without following it. In April 2022, the alleged victim pursued Hockey Canada for $ 3.55 million, a continuation that HC will settle amicably. In the following weeks, journalist Rick Westhead, of TSN, discovered the existence of this agreement, which will cause a crisis at HC. In February 2024, London police announced that the discovery of new evidence reopens the investigation. The five players then go to the authorities. Everyone is accused of sexual assault, while McLeod is also accused of complicity in sexual assault.
How did the trial go?
It was complicated to say the least. Judge Maria Carroccia decided to chair the trial alone after the jury was dissolved twice rather than one, the last time because members of the jury had the impression of being ridiculed by the defense lawyers, which could have compromised the jury’s bias. “Two trial abortions, and a jury -free suite, is unheard of. Hollywood would have made a film with this script and we would not have believed it!e Simon Roy. But it shows the climate of the trial: there is a lot of suspicion and it plays on perceptions. »»
What does a jury trial change in this file?
In general, such an outcome has no more accused, said Mr.e ROY. “As defense lawyer, you always better a trial before a jury, because it just takes you a juror who finds you sympathetic, who does not understand the file, and your client is acquitted, since a verdict must be unanimous,” he recalls. Now, the case will be entirely based on what Judge Carroccia has interpreted pleadings. “We are very lucky that it is before judge alone, because we will also have the reasons for the judgment, instead of just a verdict,” adds Me ROY. I do not expect a 12 -page judgment. I expect a 75, 100 pages. »»
What will the trial be playing?
“In terms of law, this is a hyper simple file,” believes Me ROY. Cases of collective sexual assault, there were hundreds, unfortunately. And the only real question is credibility. There is no question of self -defense or mental disorders. The judge does not wonder: who is said to be true? She wonders if there is a reasonable doubt. This doubt can come from the proof of the defense or the crown. If she acquitted them, it is not because she does not believe the lady, or because she believes the guys. It is because it will have had a reasonable doubt. The question is: does the crown have proof out of any reasonable doubt that a crime has been committed? »»
What are the scenarios for Thursday?
Judge Carroccia will have the leisure to read the entire judgment or simply a summary. For the six charges, she will declare the guilty or undoubtedly guilty accused. “It’s not like murder, where you can also have an involuntary homicide verdict,” recalls Mr.e ROY. Penalties can go up to 10 years, but Me Simon Roy recalls that former hockey player Noah Corson, also in a case of sexual assault, has received two years less one day. The lawyer is also convinced that in the event of guilt, hockey players will appeal. “As it is before a judge alone, it is much easier to appeal, because we have the reasons for the decision,” he recalls. For its part, the crown could also appeal to a verdict of non-culpability, “on elements of the process, such as the fact that the texts between players were not retained in the eligible evidence”, suggests Mr.e Roy.
If they are innocent, will the players return to the NHL?
In the event of non-culpability, it is theoretically possible that the five players will continue the victim in the civilian, considering the sums they have lost now that their career is pending. “But there, the five should testify. I would be very surprised that they do it, believes me ROY. If they are acquitted, they will probably just want to move on. A return to the NHL would be complex to say the least, because an organization that would open the door to one of the five players would embark on a public relations storm. The KHL will always remain, where we have not seemed to make the accusations, since three of the five accused (Fote, Dube and McLeod) played there last season.
