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The female complainant in the high-profile world junior sexual assault trial rejected claims from the defence Friday her version of events is constantly changing.
Friday marked the sixth straight day the 27-year-old woman, whose identity is protected under a standard publication ban, has been on the stand in the trial of Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Callan Foote.
All five men have pleaded not guilty to charges of sexual assault stemming from what the Crown alleges was non-consensual group sex in June 2018. McLeod has also pleaded not guilty to an additional charge of being a party to the offence of sexual assault.
The complainant, who has been appearing virtually since last Friday inside a London, Ont., courtroom, has been under at times tense cross-examination since Monday; the men’s defence lawyers can each question the woman, though they have said they would try their best not to overlap with each other during cross-examination.
Dan Brown, lawyer for Formenton, continued his cross-examination of E.M., as she’s known in court documents, on Friday and suggested at the start of court that part of the reason why cross-examination is taking so long is because E.M. is not answering questions directly.
E.M., who has elaborated often in her responses, replied it was her opportunity to “stand up for myself.” Brown interjected, and Superior Court Justice Maria Carroccia asked E.M. to answer the questions directly.
Brown zeroed in Friday on gaps in her memory of the night she met McLeod and his teammates at a bar in downtown London on June 18, 2018; court has heard the team was in town for events marking their gold-medal performance at that year’s championship, and E.M. was out with friends at the time they met.
E.M. had a hard time identifying players when Brown went through security footage of them entering the bar that night; Formenton was not at the bar that night, court heard, as he was underage.
Brown questioned the number of alcoholic drinks she had bought for herself; in her testimony, E.M. said she only bought herself two shots that night and didn’t pay for any other drinks she had. Brown showed security footage of her walking to the ATM, taking out money, and buying herself some drinks after having those shots.
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He suggested she was trying to minimize how much she drank on her own that night, to which E.M. responded by admitting she failed to mention it, but not intentionally.
“Your truth, it changes, that’s the problem,” Brown said.
“No, my truth hasn’t changed,” E.M. replied.
E.M. knew bouncer at bar, court hears
E.M., who was 20 at the time, said she was drunk and not of a clear mind the night of the alleged incident.
Court learned Friday E.M. knew a bouncer at the bar who was working that night; E.M. first mentioned the bouncer in a letter to London police this past March after watching video footage for the first time during trial preparation.
She said in the letter she didn’t mention him because he wouldn’t have had any knowledge of what happened, was concerned about her privacy and didn’t want to implicate him.
Brown showed video footage that shows the two interacting at some points throughout the night. In one video, E.M. waves to the bouncer as she’s going to the ATM.
Brown suggested she never mentioned the bouncer to police in 2018 and 2022 because “you didn’t think he would help your narrative.” He also suggested she didn’t mention him because he saw her buying drinks for herself, and that she had the choice to go up to him for help that night but didn’t.
E.M. said she didn’t want to involve him in what was going on, and that she’s not the type to involve others in her own problems. She added she would have mentioned him if she felt he had something to offer about what happened in the hotel room, which she said was what she meant in that letter.
Brown disputed her claim she was separated from her friends, and suggested while looking at security footage she left them on her own. E.M. replied she did leave them, but wouldn’t have if she wasn’t approached by one of the men.
“It’s always someone else’s fault,” Brown said.
“No,” E.M. replied.
Cross-examination to continue
E.M. isn’t expected to get off the stand soon with two more defence attorneys still waiting to question her.
After being with McLeod and his teammates at the bar, E.M. would go on to have consensual sex with McLeod in his room at the Delta hotel in the early morning hours of June 19.
The woman has testified that she was naked and afraid when men she didn’t know started coming into the hotel room after they had consensual sex. The Crown is alleging McLeod sent messages to the players in a group chat, inviting them to the room for a “3 way” after they had sex.
The complainant has described going on “autopilot,” and feeling like she was watching herself from outside her body as she engaged in sexual acts with the men. She has said the men didn’t physically keep her from leaving, but allegedly coaxed her into staying.
Meanwhile, defence lawyers have suggested the woman asked McLeod to call his friends into the room because she wanted a “wild night,” and they have suggested she has been “twisting” her words over time to make the alleged incident sound worse.
E.M., who broke down in tears towards the end of the day Wednesday, has rejected those claims.
— with files from The Canadian Press
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