Defence lawyers begin final submissions in hockey players’ sex assault trial

Closing arguments began Monday in the sexual assault case against 5 former world junior hockey players. CTV London’s Nick Paparella reports.

Warning: This story contains graphic details and allegations of sexual assault

Closing arguments began at the Hockey Canada sexual assault case in a London., Ont. courtroom on Monday morning.

Michael McLeod’s lawyer David Humphrey was the first to begin final submissions.

“This is a case where the defence has an embarrassment of riches,” said Humphrey.

He suggested the complaint’s testimony, known as E.M, was “unreliable” and “flawed.”

He said there was “inconsistency” between E.M.’s testimony and other reliable events.

Court previously heard from retired police officer Steven Newton that there were “no grounds” to lay sexual assault charges due to a lack of “outward signs of intoxication” and her “ability to consent.”

Newton led the first investigation in 2018, which ended a few months later with no charges.

Humphrey suggested E.M. didn’t want to “admit to herself” that she had been “sexually adventurous” with a group of men.

He said E.M. had no intention of contacting the police or Hockey Canada but did so because of her mother and mother’s boyfriend.

Humphrey argued that E.M. told her mom a “white lie that snowballed into a criminal investigation” because she regretted her actions.

Court previously heard from two witnesses, Tyler Steenbergen and Brett Howden, who testified that E.M. was asking men to have sex with her.

E.M. previously testified she was scared and her mind disconnected from her body.

Humphrey told the court if she had truly been scared in the hotel room, she would have told Newton that in her first interview with him, but she did not.

“She did not say she was scared or afraid because she wasn’t scared or afraid,” said Humphrey.

Court previously heard McLeod sent a text inviting his teammates to room 209 at the Delta Hotel, for a “3-way” in the early morning hours of June 19, 2018.

Humphrey reminded Justice Maria Carroccia that McLeod then had a conversation over the phone with Carter Hart, who was the only one to answer the group chat with “I’m in.”

Humphrey explained why McLeod did not tell Newton he had sent the text asking guys to come to the room for a “3-way” because he “simply forgot about it.”

E.M. previously testified she was “surprised” when others entered the room, however, Humphrey argued she was “well aware” McLeod was inviting his teammates to the room.

Humphrey argued E.M. was trying to present herself as “helpless.”

He suggested E.M. was present when McLeod was on the phone inviting Hart to the room for sex with E.M.

Humphrey argued evidence, including two videos taken by McLeod of E.M. consenting establishes E.M. was communicating consent and offering players sex.

He said his client took the videos because “it prevents players from being in a position that these players are in now.”

Humphrey recognized the situation was “unusual” and “awkward” and something E.M. would come to “regret.”

Humphrey went on to say E.M. was likely “embarrassed” by what had happened and instead of admitting to her actions, she created “this narrative.”

Hart’s lawyer Megan Savard was next to lay out final submissions.

Hart was the only accused man who took to the witness box in this trial.

Court previously heard Hart received “brief” oral sex from E.M. in room 209 at the Delta Hotel.

Savard suggested the oral sex was “brief” because of Hart’s “performance issues” and he “ultimately stopped it.”

Hart previously testified that E.M. was laying on a bedsheet on the floor masturbating and asking men to have sex with her in the early morning hours of June 19, 2018.

Hart told the court he was single at the time but “did not want to have intercourse with her” and asked if she could give him oral sex.

He said E.M. crawled towards him on her knees and gave him oral sex.

Savard argued Hart’s testimony was not always “helpful” for his co-accused and he did not become a “yes man” for the defence.

She said Hart was trying to be “responsible” and “helpful,” regardless of who was asking him questions.

Savard argued that even if the judge doesn’t believe Hart’s own evidence, she must acquit him because of the evidence in the Crown’s case, suggesting multiple crown witnesses described E.M. as “naked, relaxed and seemingly unbothered by suggestions of sexual activity in her presence.”

McLeod, Dillon Dube, Alex Formenton, Hart, and Callan Foote have pleaded not guilty to sexual assault.

McLeod has also pleaded not guilty to an additional charge of being a party to the offence of sexual assault.

Final submissions are set to resume on Tuesday morning.

If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:

If you are in immediate danger or fear for your safety, you should call 911.

A full list of sexual assault centres in Canada that offer information, advocacy and counselling can be found ​on the website for Ending Sexual Violence Association of Canada.

Helplines, legal services and locations that offer sexual assault kits in Alberta, B.C., Saskatchewan, Manitoba, Quebec, Ontario and Nova Scotia can be found here.

National Residential School Crisis Line: [phone]

24-hour crisis line: 416 597 8808

Canadian Human Trafficking Hotline: [phone]

Trans Lifeline: [phone]

Sexual misconduct support for current or former members of the Armed Forces: [phone]

Read about your rights as a victim here.