Defence argues E.M. ‘cannot be trusted beyond a reasonable doubt’ in closing arguments of hockey Canada trial

Day two of closing arguments at the world junior sexual assault trial at the London courthouse. CTV’s Nick Paparella has the details.

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

Lisa Carnelos, lawyer for former world junior hockey player Dillon Dube, began her final submissions in a London., Ont. courtroom on Tuesday afternoon.

Carnelos suggested it is impossible to remember everything that happened in the early morning hours of June 19, 2018, and that is why the former world junior players who testified for the Crown had memory gaps.

“The only person who continued to work on their narrative, in pursuit of her civil claim, was E.M.,” said Carnelos.

Carnelos reminds the judge that Dube did not respond to the group text from Michael McLeod, who invited the men into his room for a “3-way.”

The Court previously heard the text was sent at 2:09 a.m., but Dube did not get back to the hotel until 3:13 a.m.

“He didn’t know, and he didn’t care” that there was a woman in room 209, Carnelos said. “He just wanted to be with his friends. It was a weekend to celebrate.”

E.M. previously testified that the men were joking and talking about putting golf clubs and golf balls into her vagina.

Carnelos reminded the court that during his interview with police, Dube had a golf club in his hands at some point in room 209 at the Delta Hotel.

She said there was “no evidence” Dube did anything with the golf club, but he did not shy away from acknowledging he was holding it.

“This is a serious hallmark of honesty,” said Carnelos.

Court previously heard Dube received “brief” oral sex from E.M.

Carenelos suggested Dube told retired police officer Steven Newton the oral sex was brief, and he was the one that pulled away.

Some world junior hockey players testified they remembered butt slapping in room 209.

E.M. previously testified she was slapped so hard that it hurt, and she asked the men to stop.

Carnelos argued her client did not tell Newton that he slapped or smacked E.M.’s buttocks.

“The fact that Dube did not tell the detective about the smacking is not evidence of a guilty mind,” said Carnelos.

Court previously heard Brett Howden, former world junior player, sent a text to his former teammate Taylor Raddysh, saying Dube was “smacking this girl’s ass so hard. It looked like it hurt so bad.”

Carenlos argued E.M. can not be trusted beyond a reasonable doubt.

“She talks about her evidence in flashes, has issues with the exact order, complains of gaps, definitely has an absence of memory about circumstances surrounding acts and she doesn’t remember it kind of continuously,” said Carnelos.

However, that text was ruled inadmissible as evidence because it was hearsay.

The final defence lawyer will begin concluding submissions on Wednesday morning.

A date for the court to hear Justice Maria Carroccia’s decisions in this trial has been set for July 24.

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.