Content warning: This story includes allegations of sexual assault.
LONDON, Ont. — Testifying on Friday during the trial of five former NHL players accused in connection with a 2018 sexual assault, Carter Hart stated he agreed that the situation in a Delta Amouries hotel room in the early hours of June 19, 2018, was “fun and exciting.”
On his second day on the stand, the 26-year-old Hart was questioned by assistant Crown attorney Meaghan Cunningham regarding a text message he sent to his world junior teammate Dante Fabbro (who is not facing any charges) that read “come to room 209.”
“I suggest you wouldn’t be trying to get him in the room unless you felt it was fun and exciting,” Cunningham posed. “Did you feel it was fun and exciting in the room?”
“Yes,” Hart replied.
“The guys in the room were essentially acting like they couldn’t believe their luck,” Cunningham continued. “Here was a naked woman performing sex acts on anyone who wanted it. It wasn’t shock and horror.”
“I was 19. I thought it was pretty cool,” Hart responded.
Throughout her questioning, Cunningham repeatedly challenged the reliability of Hart’s memory of that night due to the significant amount of alcohol he had consumed, suggesting at one point that his recollections covered less than half of the time he spent in the room. However, Hart asserted that despite being heavily intoxicated, he did not recall anything “disrespectful” happening to E.M., the complainant, whose identity is protected by a publication ban.
“I don`t think anyone would have done anything to hurt her,” Hart said. “I think if something happened that she didn’t want, I would have put a stop to it. Other guys would have. I wouldn’t have stayed in the room as long as I did.”
E.M. previously testified that she was smacked on the buttocks during the night, an action the Crown alleges was carried out by Dillon Dube. E.M. also testified that Cal Foote performed the splits over her while naked.
Hart, who was present in the room, maintained that he did not see Dube slap the woman and that Foote was clothed when he performed the splits.
“From your perspective, there`s nothing particularly exciting about seeing a fully clothed guy who everyone already knows can do the splits, do the splits, right?” Cunningham questioned. “What would be more exciting would be to see a guy with no pants on do the splits right over E.M.’s face.
“Don`t you agree that would be more exciting?”
“That’s pretty weird,” Hart said.
“Well, the whole night was weird, wasn’t it?” Cunningham asked.
Hart agreed with Cunningham’s suggestion that he did not feel like events “got out of hand” at any point during the approximately hour he was in the room and that E.M. had consented to the sexual act she performed on him. He also agreed with Cunningham that the players involved in a group chat initiated on June 26, 2018, were attempting to coordinate their accounts of what occurred in the room. He stated his primary concern was avoiding trouble with Hockey Canada, which had strict rules against bringing women to hotel rooms.
Michael McLeod is charged with two counts of sexual assault, including one related to aiding in the offense. Dube, Foote, Alex Formenton, and Hart each face one count of sexual assault. All five defendants have pleaded not guilty to the charges.
The trial is scheduled to continue next week, marking its seventh week, with further witnesses expected to be called by the defense.
Editor’s note
If you or someone you know is in need of support, those in Canada can find province-specific centres, crisis lines and services (resource list available online). For readers in the United States, a list of resources and references for survivors and their loved ones can be found (resource list available online).
