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RECAP | In gruelling cross-examination, woman in world juniors sex assault trial denies wanting 'wild night'

RECAP | In gruelling cross-examination, woman in world juniors sex assault trial denies wanting 'wild night'
WARNING: Video contains distressing details | The complainant, known as E.M., shared details of her alleged sexual assault at the trial of five former Canadian world junior hockey players and said she felt as if she had left her body as the defendants laughed. ‘It was all just a joke to them,’ she said.
  • A defence lawyer cross-examined the complainant in the sexual assault trial of five ex-members of Canada’s world junior hockey team today.
  • E.M. defended her account for hours as counsel questioned her about her conduct on the night in question, from how much alcohol she had to how steady she was in her high heels.
  • She rejected the lawyer's suggestion she wanted a "wild night" with multiple men.
  • E.M. said she didn’t leave the room because she was "intimidated" as the players "towered over her,” and she felt she had "no choice" but to do as they said.
  • Dillon Dubé, Cal Foote, Alex Formenton, Carter Hart, Michael McLeod have all pleaded not guilty.
  • WARNING: Court proceedings include graphic details of alleged sexual assault and might affect those who have experienced​ ​​​sexual violence or know someone who's been affected.
  • Rhianna Schmunk
    A man in a suit walks into a courthouse.
    Michael McLeod is seen arriving at the London Courthouse on April 30. (Nicole Osborne/The Canadian Press)

    We’ll pick up our coverage from the London courthouse when proceedings are back in session tomorrow at 10 a.m. ET.

    We understand details from the cross-examination today might be difficult to read. There are support services available.

    If you’re in immediate danger or fear for your safety or that of others around you, please call 911. For help in your area, you can look for crisis lines and local services via the Ending Violence Association of Canada database. ​​

  • Kate Dubinski
    A court sketch shows a lawyer questioning a witness appearing by video.
    David Humphrey, Michael McLeod's lawyer, cross-examines E.M. in court on Tuesday. (Alexandra Newbould/CBC)

    Humphrey tells the court he is likely done his cross-examination of E.M., but wants to make sure overnight that he has no other questions. That means it’s possible he could continue cross-examining her when court resumes.

    The defence lawyers representing the other four accused will also have an opportunity to cross-examine E.M.

    All five of the accused have pleaded not guilty.

  • Kate Dubinski

    Humphrey suggests E.M. wasn’t upset about the whole night — that it was because McLeod was rude to her at the end of the night.

    When she returned briefly to the room because she’d forgotten her ring, as was mentioned earlier in the trial, he didn’t turn the light on or help her look for it.

    She says McLeod seemed annoyed that she was back because he would need to get up soon for the golf tournament.

    “You were upset because you’d gone on your own to the hotel room and cheated on your boyfriend,” Humphrey says to E.M.

    She says she was angry at herself for that and she blamed herself for being in the hotel in the first place.

    Earlier, E.M. testified she called her best friend after leaving the hotel. During that conversation, court heard she told her friend that she’d met a guy and he turned out to be “not nice.”

  • Kate Dubinski

    Humphrey asks her if she was upset that McLeod was rude at the end of the night.

    “I think the whole thing wasn’t respectful, but at the end he was being rude,” E.M. says.

    She says she was also offended when McLeod asked her at the end of the night if she had any sexually transmitted infections.

    Humphrey suggests she was angry at him being rude since they’d just had sex again, but she responds “no” and says she was upset about that whole night.

  • Kate Dubinski

    Humphrey asks E.M. about the end of the night of the alleged assault.

    She testifies that after the sexual encounter in the shower and filming the last video, McLeod got into bed and said to her, “Are you leaving anytime soon?”

    E.M. says she thought that was rude and he was just trying to get rid of her quickly (because of the golf tournament the next day). He didn’t walk her out the door or offer to get her a cab. She says she called him a jerk.

    Humphrey seems surprised E.M. now calls him a jerk.

    “I was dressed, one foot out the door, the other men were gone. I was able to say what I needed to say,” she says.

  • Kate Dubinski
    A man in a dark suit walks on a sunny day.
    Michael McLeod leaves the courthouse in London, Ont., on Friday. (Geoff Robins/The Canadian Press)

    Humphrey questions E.M. about the “consent videos,” which we’ve heard about throughout this trial. (These are the two videos McLeod filmed of E.M. after the alleged assault.)

    E.M. says she doesn’t remember saying she was fine and that everything was consensual.

    She says the first time she saw the videos was Aug. 31, 2018, when she was interviewed by a female detective.

    Before the second video, in which she’s seen holding a towel in front of her while wearing no clothes, McLeod sort of “hounded her” to say the night had been consensual, she says.

    Humphrey suggests McLeod asked her throughout the night if she was OK.

    E.M. says she only recalls him asking her that at the end of the night, before he took the videos.

    In one video, she’s heard saying, “You’re so paranoid, holy!” and “I’m so sober, I can’t do this right now.”

    E.M. says she doesn’t know why she said she was “so sober.”

  • Kate Dubinski
    A court sketch shows five men in suits sitting in a courtroom.
    The five accused in the world junior hockey case listen to court proceedings earlier in the trial. (Alexandra Newbould/CBC)

    E.M. tells Humphrey the men left the hotel room in the early hours of June 19, 2018.

    During the night, she says, she heard them talking about having to be up early for a golf tournament.

    (Court has heard the five accused and many of their teammates were in London for a few days in June 2018 to attend events marking their world juniors championship win months earlier.)

  • Kate Dubinski

    Proceedings will resume shortly.

  • Kate Dubinski

    WARNING: This post contains explicit language.

    Humphrey has suggested E.M. was encouraging the men during the night, asking them to have sex with her and calling them “pussies” because they wouldn’t.

    She testifies she doesn’t remember that, and it doesn’t sound like something she would say.

    She remembers them saying, “This girl is f–king crazy.”

    Humphrey says that was because they thought she was “crazy” for inviting them for sex.

    She says she no memory of that and it doesn’t sound like something she would say.

    “Maybe you did say, ‘Someone have sex with me?’” Humphrey asks.

    “I can only tell you what I remember, and I don’t have a memory of speaking like that,” E.M. replies.

    Humphrey goes on: “I’m going to suggest you did say that and some guys were saying, ‘This girl is f–king crazy,’ and other people were saying they didn’t want to have sex in front of their buddies.”

    E.M. says, “No, they seemed comfortable with each other.”

  • Kate Dubinski

    Humphrey questions how scared E.M. actually was that night. He said she described feeling "terror and fear" in her civil lawsuit in 2022, but did not use those words in her first interview with a detective on June 22, 2018.

    At that time, he said, she described being “frustrated,” “annoyed,” “upset” and “tired.”

    She tells the court her mind was still shut down at that point because it was just a few days after the alleged assault.

    E.M. says she hadn’t processed things then and still wanted to kind of “bury” her feelings.

    Humphrey says he’s looked at her first statement to police and the words “fear,” “scared” and “afraid” do not appear in the context of her feelings that night.

    The only time the word “scared” appeared in her first police statement was when she told a detective that she was scared she would accidentally identify someone who wasn’t in the room, he says.

    “I was worried about falsely accusing someone,” she says.

cbc.ca

cbc.ca

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