Content warning: This story includes allegations of sexual assault.
LONDON, Ont. — During closing arguments presented on Wednesday, the Crown contended that the complainant in the trial involving five former NHL players accused of sexual assault was not the initiator of the events in June 2018.
Defense lawyers had suggested during testimony that the complainant, identified as E.M. due to a standard publication ban, aggressively sought sexual activity with the players in Room 209 at the Delta Armouries hotel in London during the early hours of June 19, 2018.
Assistant Crown attorney Meaghan Cunningham argued Wednesday that prior testimony from Taylor Raddysh and Boris Katchouk contradicted the defense`s claim that E.M. asked Michael McLeod to invite teammates for sex. Raddysh and Katchouk described E.M. as quiet and under the covers when they were in the room earlier.
“Someone is lying,” Cunningham stated to Justice Maria Carroccia in court.
“It defies logic and common sense that if she was actually the instigator, if she was the one who wanted to engage in sexual activity with anyone else other than Mr. McLeod, that she would not engage with Raddysh and Katchouk. It makes absolutely no sense.”
Cunningham highlighted that Raddysh and Katchouk, who left before the other accused players arrived, were the only two players who saw E.M. that night and were not part of a group chat created later to discuss the incident.
“Their description is completely at odds with the testimony of everyone who was in the group chat,” Cunningham asserted.
The Crown argued that evidence indicates McLeod orchestrated the events, citing his 2018 interview with London police Detective Stephen Newton where he admitted telling players in the room not to record and to “be smart about this.”
Cunningham proposed that understanding McLeod`s role as the planner provides a crucial perspective through which Justice Carroccia should view the subsequent events.
“This is how it all started,” Cunningham said. “E.M. was not the one who started this. He was the one who told them she was there for their sexual pleasure. She didn’t know. That paints all of the witnesses in a very different light.”
She added that McLeod’s text message to a group of players, reading, “Who wants to be in a 3 way quick,” suggested urgency because, “he knows she doesn’t even know she has made the offer to his friends.”
Earlier on Wednesday morning, lawyers representing Cal Foote and Dillon Dube concluded their closing submissions.
Julianna Greenspan, lead counsel for Foote, began her argument by stating, “Cal Foote did not sexually assault E.M.”
She argued that E.M. altered her account from her initial police interview, later claiming a man identified as Foote did the splits over her while naked on June 19, 2018.
“She didn’t say it in 2018 because the person was not naked,” Greenspan claimed. “Her explanation is nonsensical.”
Carter Hart testified that he saw Foote do the splits over E.M. while fully clothed and that he did not touch her during this. Hart stated E.M. was laughing at the time.
Video evidence shown during the trial depicted Foote doing the splits on a dancefloor while clothed. Greenspan contended that the same scenario occurred in Room 209.
“There is evidence that people in that room said, ‘Footer, do the splits.’ … There’s no evidence people said, ‘Oh, and take your clothes off. Take your clothes off this time when you do that thing you do every time you do the splits with your clothes on.’”
Greenspan also questioned why other players present in Room 209 that night were not called as witnesses by the Crown. Besides Raddysh and Katchouk, the Crown called Brett Howden and Tyler Steenbergen. Drake Batherson, Jake Bean, Maxime Comtois, Sam Steel, and Robert Thomas were not called. Police interviews with McLeod and Alex Formenton were shown, and an audio recording of a Dube interview was played.
Concluding her submission for Dube, Lisa Carnelos argued that the Crown failed to prove beyond a reasonable doubt that E.M. did not consent, therefore requiring Justice Carroccia to acquit all five defendants.
Closing submissions summarize evidence, reinforce key points, and aim to persuade the judge. They are not evidence themselves.
McLeod faces two counts of sexual assault, including one related to aiding in the offense. Dube, Foote, Formenton, and Hart are each charged with one count of sexual assault. All have pleaded not guilty.
The Crown is expected to continue its closing submissions on Thursday, possibly followed by defense replies or rebuttals extending into Friday. The trial is nearing the end of its eighth week. The verdict is scheduled to be delivered by Justice Carroccia on July 24.
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