Content warning: This story includes allegations of sexual assault.
Brett Howden`s testimony in the trial involving five former NHL players accused of sexual assault concluded early on Tuesday in London, Ontario. This happened after assistant Crown attorney Meaghan Cunningham highlighted discrepancies between his court testimony and three earlier statements.
The 27-year-old Howden testified remotely via Zoom from Las Vegas, where he plays for the Golden Knights. During extensive questioning by Cunningham throughout the day, Howden struggled to recall specific details about the alleged events in London on June 18 and 19, 2018.
Cunningham stated she would seek a voir dire (a trial within the trial) to cross-examine Howden regarding “upwards of 15” inconsistencies. These discrepancies were between his Tuesday testimony and earlier statements given during interviews with lawyer Danielle Robitaille on July 3, 2018, and September 17, 2022, as well as an interview with London police Det. Tiffany Waque on August 23, 2023. Text messages between Howden and NHL player Taylor Raddysh were also cited.
Before being excused, Howden confirmed that the recordings and transcriptions of his interviews on those dates were accurate.
Howden had previously testified that he recalled Dillon Dube “spanking” the complainant, identified as E.M. under a publication ban, in Room 209 at the Delta Armouries during the early morning of June 19, 2018. However, he struggled to recall specific details when questioned further by Cunningham.
Cunningham asked if he remembered where in the room it happened, if she was clothed, what she was doing, or if there was a sound. Howden responded he didn`t remember seeing the location, whether she was clothed, or what she was doing. He did remember hearing the sound, but nothing else. He also couldn`t recall if the woman reacted.
Describing how he felt afterward, Howden stated he only remembered wanting to leave because the situation felt “awkward” and “uncomfortable.”
After reviewing his past statements to try and refresh his memory about the alleged spanking and other events, Howden repeatedly stated he had no recollection of the incidents themselves but trusted the accuracy of his previous accounts.
Howden further testified about phone calls he had with Dube and Cal Foote in the days following the alleged incident. He stated that both Dube and Foote separately told him “to leave his name out” of the matter. Howden could not recall who initiated these calls.
During the later investigation, when questioned about Dube`s alleged involvement, Howden stated, “I didn’t bring it up. I didn’t lie but I didn’t bring his name up.” Asked by Cunningham why, Howden replied, “I was asked not to, not to bring him up.”
Howden testified that the players present in Room 209 that night included Michael McLeod, Alex Formenton, Carter Hart, Dillon Dube, Cal Foote, Sam Steel, Drake Batherson, Jake Bean, Maxime Comtois, and Tyler Steenbergen.
Howden stated he went to McLeod`s room looking for food after returning from Jack`s bar with Batherson, Steel, and Jonah Gadjovich. He testified the players were simply gathered in the room when E.M. emerged from the washroom. Shortly after, Howden described the woman as becoming “flirty,” alleging she solicited sex by “chirping guys,” “taunting,” and “egging everyone on.”
Earlier the same day, Tyler Steenbergen concluded his testimony, which he provided remotely from Sylvan Lake, Alberta, his current residence.
Michael McLeod faces two counts of sexual assault, including one related to aiding the offense. Dillon Dube, Cal Foote, Alex Formenton, and Carter Hart are each charged with one count of sexual assault. All defendants have entered not-guilty pleas.
Justice Maria Carroccia of the Ontario Superior Court of Justice is presiding over the judge-only trial, which is now in its fifth week.
