Hockey Canada trial

RECAP | E.M. was ‘out of it’ leaving bar with 1 of the ex-world junior players, she says at sex assault trial

Updated
London, Ont., court began hearing complainant's recollections of night that led to charges against the 5 men
Headshots of five white hockey players in suits and ties.
Dillon Dubé, Cal Foote, Alex Formenton, Carter Hart and Michael McLeod, former world junior hockey teammates, are on trial in London, Ont. (Nicole Osborne/CP, Nicole Osborne/CP, Nicole Osborne/CP, Brett Gundlock/Reuters, Nicole Osborne/CP)

The Latest

  • The sexual assault trial for five former world junior hockey players wrapped up its first week of proceedings today.
  • The complainant, E.M., began testifying. Her identity is protected by a publication ban.
  • She described feeling “uncomfortable and confused” while surrounded by a group of men, including some of the accused, at a bar earlier in the night. The encounter was captured on security video.
  • E.M. is set to continue her testimony when court resumes on Monday morning.
  • Earlier, court heard from two former world junior teammates of the accused. Both men recalled a night of heavy drinking before the alleged sexual assault took place.
  • Dillon Dubé, Cal Foote, Alex Formenton, Carter Hart and Michael McLeod have all pleaded not guilty.
  • WARNING: Court proceedings include details of alleged sexual assault and may at times be graphic, and might affect those who have experienced​ ​​​sexual violence or know someone who's been impacted by it.

Updates

May 2

  • That’s all from London today

    Lucas Powers
    Cars drive in the foreground with a tall concrete building behind them.
    Superior Court in London, Ont., is the venue for the sexual assault trial for the five former world junior hockey players. (Nicole Osborne/The Canadian Press)

    The first week of the trial has officially wrapped, so we’re winding down our live updates. Thanks for following along as we heard more witness testimony, including from E.M., the complainant in the case.

    If you’re just getting here, be sure to scroll down to get all caught up on how the day unfolded.

    Court is scheduled to resume at 10 a.m. ET Monday.

    Until then.

  • Court adjourns, back on Monday

    Kate Dubinski
    Six people in court.
    The five former world junior hockey players have been in court since proceedings began a week ago in London. Justice Maria Carrocchia, left, is presiding. (Alexandra Newbould/CBC)

    The judge reminds the jurors they’re not to discuss the case or the evidence they’ve heard with anyone over the weekend.

    E.M. is given the same instructions from the judge.

    The first week of the trial is finished. E.M.’s testimony is set to resume Monday at 10 a.m. ET.

  • E.M. says she was ‘just completely out of it’ leaving bar

    Kate Dubinski

    E.M. says she was feeling the effects of the alcohol, including blurry vision and not being really aware of what was happening.

    She doesn’t remember the cab ride from the bar to the hotel, or how she and McLeod got from the cab to his room.

    “Just completely out of it, honestly,” E.M. says when asked how she was feeling when she arrived at the Delta.

    When she got to his hotel room, there was no one else there.

  • The decision to leave Jack’s bar with McLeod

    Kate Dubinski

    E.M. says she’s a person who has a hard time saying “no” because she doesn’t like upsetting others.

    At one point, she says she tried to go to the bathroom and sneak away from McLeod, but he walked her right to the bathroom.

    “I thought I could go to the bathroom, and regroup and sneak away, and not tell him ‘no’ and confront him, but he stayed close and walked me to the bathroom,” she says.

    She just accepted that since they’d been “close” all night, he wanted her to go to his hotel, and she was OK with that.

    At one point, he told her he wanted to take her home with him and “have fun with me,” E.M. says.

    McLeod ordered an Uber but it was taking time to get there, so “he just put us in the first cab he saw. He didn’t want to wait for the Uber,” she says.

    She was feeling “OK” with how it was unfolding, but adds it’s not something she would have done if she wasn’t drunk.

    “I just accepted that since we’d been close that night, it was fine, I’d go to the hotel.”

    It was easier to “go along with it than to say ‘no,’” she says.

    McLeod got out of the cab at the Delta without paying, so the cab driver told her to get him to cover the fare.

    We also see the surveillance footage of McLeod and E.M. walking into the Delta hotel together.

  • ‘Not aware of what was going on’ on the dance floor

    Kate Dubinski
    A colour sketch of a woman in attorney's robes speaking to a woman appearing on a television screen.
    The complainant, E.M., answers questions from assistant Crown attorney Meaghan Cunningham via video link. (Alexandra Newbould/CBC)

    E.M. is watching videos from surveillance cameras over the dance floor at Jack’s bar.

    “I didn’t recall my ponytail being pulled before watching the video,” E.M. tells the Crown.

    We also see her being picked up by one of the men on the dance floor and whipped around.

    She says she didn’t remember that, too, happening before watching the video, nor did she remember someone slapping her butt on the dance floor.

    Cunningham asks her how she is feeling at that point in the night.

    E.M. says, “It was taking a lot of effort to keep standing upright. I feel like I had blurry vision at that point and my judgment was starting to be impaired at that point. I just felt mentally all over the place and not aware of what was going on.”

    She went to the bathroom and kind of fell over, she says. As the night went on, she got separated from the group of friends she came with after she went to get some drink shots.

  • Testimony resuming after video issues resolved

    Kate Dubinski

    Carroccia tells the jury that there was an issue with how E.M. was seeing the videos playing in the CCTV room.

    The videos were playing fine for the courtroom but choppy for her, because she was seeing them on a big screen.

    She’s been given a laptop to resolve the issue, and we’ll now begin with E.M. being shown the video from the dance floor of Jack’s bar again.

    This jury has definitely had to be patient with all the tech issues.

  • Still on break

    Lucas Powers

    Court was set to return at 3:30 p.m. but we’re still on break for the time being. Stay tuned for further updates when we have more.

  • Afternoon break now, court back at 3:30 pm

    Kate Dubinski

    There’s some concern the video of Jack’s bar’s dance floor might be playing sort of choppy for E.M.

    As a result, court staff is working to ensure everything is fine with the technology while we take a 15-minute recess.

  • Men’s arms around each other, huddling around E.M. on dance floor

    Kate Dubinski

    Asked about how she was feeling about McLeod during the night, E.M. says “fine.”

    “I was feeling fine about him. I was attracted to him. He seemed interested in me. My interactions with him, I was feeling fine about,” she says.

    We see them kissing at the bar at one point, on video surveillance.

    But video from the dance floor shows men with their arms around each other, huddled around E.M.

    “I felt uncomfortable and confused about what’s happening, but I’m on the dance floor and trying to have fun. It felt claustrophobic, but I’m really drunk at this point, dancing and going along with what’s going on.”

  • Surveillance video shows E.M. drinking shots at bar

    Kate Dubinski

    The Crown is taking E.M. through surveillance footage from Jack’s bar.

    In several videos, she’s shown drinking shots. She earlier had had two drinks at home, then two Jagerbombs when she got to Jack’s.

    After that, she had a tequila or vodka with a friend, and a vodka soda, then two more Jagerbombs.

    The Crown is showing the videos that we’ve already watched and is asking E.M. what is happening in them.

    She’s shown speaking to a friend from high school who is working as a bouncer at Jack’s, and then we see her being approached by a guy who later introduced her to McLeod.

    She says she doesn’t remember what was said in that initial conversation with the first guy.