Frank Stronach’s lawyer questioned a Peel police officer in court as she says she’s submitted a stay application, alleging some of the witnesses may have been coached by the Crown.
Defence counsel Leora Shemesh made the allegations Thursday as part of an abuse of process application.
The trial is still going ahead, with the Crown expected to begin calling evidence next Thursday. Shemesh said if she asks for a stay, it would happen at the end of the trial.
The application and allegations came two days after the trial was initially delayed after Shemesh said the defence received “voluminous” disclosure and needed to go through it.
Shemesh told the court this “11th hour” disclosure included new statements from all the complainants, and notes from Peel Regional Police officer Gabe DiNardo. DiNardo attended one of the witness preparation meetings.
The defence said Thursday it had received new video statements on the eve of the trial that were taken last month. Shemesh said the defence had not heard the accounts before.
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She told the court “there is an available inference that a witness may have been coached.”
Ontario Superior Court Justice Anne ogranted a request by Shemesh to question DiNardo, which is part of the stay application. The questioning has surrounded a Jan. 20 meeting.
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Prior to granting Shemesh’s request to question, Crown prosecutor David Tice objected. They argued that allowing examination of the officer before questioning witnesses would be an “extreme error.” They also suggested there was “no basis” for any abuse of process.
During testimony, DiNardo admitted he had left things out of his notes. He said he could not remember what certain notes referred to yet vividly recalled other details.
Following questioning and cross-examination, Shemesh asked for the trial to be adjourned until Feb. 12. The Crown agreed, prompting Molloy to adjourning court until the requested date.
Stronach’s case in Toronto, in which he faces a dozen charges from seven complainants, is being heard in a judge-only trial presided over by Molloy.
The case against Stronach is one of two, with a separate one to take place later this spring in Newmarket, Ont.
The 93-year-old billionaire was first arrested in 2024 by Peel Regional Police over sexual assault allegations that date back decades.
Peel police originally charged Stronach with 18 offences involving 13 complainants in one single case, but it has since been separated into two.
His trial in Toronto involves charges including sexual assault and indecent assault.
— With files from Global News’ Catherine McDonald and The Canadian Press
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