Cross-examination focuses on Hart’s actions, Howden’s memory in junior hockey sexual assault trial

Howden was cross-examined by Hart’s lawyer in the World Junior sexual assault trial, over the issue of consent, reports CTV London's Nick Paparella.

Content advisory: This article includes graphic language and details of alleged sexual assault

Brett Howden is back on the stand, virtually, in a London, Ont., courtroom to be cross-examined in the sexual assault trial of five former world junior hockey players.

Megan Savard, lawyer for Carter Hart, questioned Howden about what he saw in room 209 at the Delta hotel in downtown London during the early morning hours of June 19, 2018.

Hart, is accused of sexual assault and receiving oral sex from the female complainant, known as E.M.

“The impression you got was that Mr. Hart didn’t really seem like he wanted to agree to oral sex at first,” Savard suggested to Howden.

“Yeah, correct,” he responded. Referring to a2018 statement where he said, “He [Hart] might have been trying to look cool in front of his teammates.”

Here’s a recap of week four of the trial

Savard said: “He moved a little bit towards the woman. That was how he indicated that he was maybe going to take her up on her request, right?”

Howden and other witnesses on the stand have said E.M. was the one as initiating everything, and asking the men to have sex with her.

“And what you say about Mr. Hart at the top of page 79 [of a previous statement Howden made] is about him and the woman they like, kind of went to each other like it was 50/50, they met halfway, and then she gave him oral sex.”

Howden agreed that this was his statement.

To wrap up her questioning, Savard said to Howden: “As I understand it, you suffered a pretty serious head injury a few months prior [to giving a statement to Hockey Canada], in March of 2022.

She went on to tell the court, “This is when it was on TV, right? You were knocked out during the game... I think you were unconscious for something like nine minutes on the ice and had to be stretchered off... you were taken to hospital, and then you were off. You weren’t playing for some time after that, right?”

Howden agreed and said: “I’ve never really had to remember, try to remember so many little details like this before. And it’s definitely gotten a lot harder over time.”

Howden cross examined by McLeod’s lawyer

The first defence attorney to question Howden was David Humphrey, the lawyer for Michael McLeod.

McLeod is charged with sexual assault in connection with an encounter that took place in the early hours of June 19, 2018. He has also pleaded not guilty to an additional charge of being a party to the offence of sexual assault.

Humphrey went over the timeline of events with Howden, from being in Jack’s bar in downtown London to arriving at the Delta hotel.

At 2:10 a.m. on June 19, 2018, a message in the a group chat showing as coming from ‘Mikey McLeod’ said “who wants to be in a 3 way quick. 209 - mikey.”

Howden told the court he didn’t leave the bar knowing, or with the intention to go to to room 209, where the alleged assault took place.

He said he wasn’t getting any of the group chat messages on the night in question because he had just switched to a U.S phone number and his former teammates didn’t have his new number.

Howden is not accused of any wrongdoing.

McLeod, Hart, Alex Formenton, Dillon Dube and Callan Foote have all pleaded not guilty to sexual assault in connection with an encounter at a hotel room in London, Ont., in 2018.

Hearsay application dismissed

Justice Maria Carroccia has rejected the Crown’s final attempt to have Brett Howden’s June 26, 2018, text message to his former teammate Taylor Raddysh admitted as evidence under the principled approach to hearsay at the sexual assault trial of five former members of Canada’s 2018 world junior hockey team.

Crown attorney Meaghan Cunningham had argued with defence counsel for several days over the admissibility of a text message sent by Howden to Raddysh roughly a week after an alleged sexual assault at the Delta Armouries Hotel in downtown London, Ont.

“Dude, I’m so happy I left when all the s--t went down,” Howden’s June 26, 2018, text message said. “Haha. Man, when I was leaving, Duber was smacking this girl’s ass so hard. Like, it looked like it hurt so bad.”

In her decision on Monday, Carroccia reiterated that Howden said he has “no present recollection of the incident [in Michael McLeod’s hotel room].”

“The witness did not vouch for the accuracy of the statement and admits it could be inaccurate,” Carroccia said. “It’s unclear whether it’s from his own observation or if it is something someone else told him.”

Carroccia said in her ruling that it was possible Howden was lying to Raddysh or was being careless with the truth. Cunningham had told Carroccia that Howden’s text was “critical” to the government’s case.

Michael McLeod, Alex Formenton, Carter Hart, Dillon Dube, and Callan Foote are accused of sexually assaulting a then-20-year-old woman in McLeod’s hotel room. McLeod is facing a second charge as being a party to the act.

The Crown has alleged that Formenton had sex with E.M. in the bathroom, that McLeod, Hart and Dube received oral sex from the complainant, that Dube slapped E.M.’s naked buttocks, that Foote did the splits over E.M.’s head and “grazed” his genitals over her head, and that McLeod had sex with E.M. for a second time in the hotel room bathroom.

Howden, who is now 27 and who has been testifying remotely from Las Vegas where he plays for the Golden Knights, said last week that he didn’t remember sending Raddysh that message.

Both Howden and Raddysh were in McLeod’s hotel room when E.M. was there with as many as 10 men. Neither Howden nor Raddysh have been accused of criminal wrongdoing.

After Carroccia announced her ruling, McLeod’s lawyer, David Humphrey, began cross-examining Howden.

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.