Warning: This story contains graphic details and allegations of sexual assault
The complainant in the sexual assault trial of five former members of the Team Canada junior hockey team was on the stand in a London, Ont., courtroom on Friday.
Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Cal Foote have all pleaded not guilty to sexual assault.
At the time of the alleged offence, the woman who can only be identified as E.M. was 20 years old, in her second year of university and as she described, working a part-time retail job at a mall.
Wearing black pants, a long-sleeve beige shirt and her hair down, E.M. appeared via closed-circuit television (CCTV) from another room in the courthouse on Friday.
In her instruction to the jury before E.M. appeared, Justice Maria Carroccia said the fact that the woman was appearing virtually had, “nothing to do with the guilt or innocence of the accused. I am instructing you that you must take nothing from this. Specifically, you must not use this to conclude or help you to conclude that the accused are guilty of the offence charged. I instruct you that testifying from outside the courtroom has nothing to do with how much or how little you rely upon or believe evidence of any of those witnesses.”
Crown Attorney Meaghan Cunningham questioned E.M. about why she was going out that night and E.M explained to the court that she had been invited out by some co-workers – she was nervous because she didn’t know them that well but didn’t want to turn down the invitation.
After drinking two Mikes Hard Lemonades at home while getting ready, E.M. said she also had “at least eight Jägerbombs” at Jack’s, as well as one vodka soda, one beer, and another shot of tequila or vodka.
After being introduced to McLeod, she said she went onto the dance floor with him where she was introduced to other men, and they all began dancing together.
After watching some surveillance video from inside Jack’s, the Crown asked E.M. how she was feeling towards Mr. McLeod at this point in the night.
“I was feeling fine about him, I was attracted to him, he seemed interested in me, so my interactions with him, I was feeling fine about.”
As the night went on, E.M. said she was feeling the effects of the alcohol and said: “I definitely felt like my inhibitions were lowered the more I drank. I felt like I was becoming less aware of my surroundings, I felt my vision was a little blurry. Mentally, I felt very just all over the place, just with the dance floor and the loud music.”
When asked about the activities on the dance floor, E.M went on to say: “I remember dancing with Mikey [McLeod], I remember being around the rest of the group as well ... I was feeling kind of sandwiched and just a lot of back and forth, I don’t even think I was very aware at certain points who I was dancing with… but since I was drunk I wasn’t really thinking too much about it and just tried to dance.”
E.M. also noted that there was, “a lot of uncomfortable touching and points where they would be initiating moving my hands to touch them… they would move my hand to touch their crotch area.”
E.M. described more video saying her friends got her attention on the dance floor to say they were leaving, “I think I was on the dance floor as they came up to me, it sort of just felt really chaotic still and crowded, and I kind of couldn’t hear what they were saying but I got the idea they were leaving and then just kind of nodding that I acknowledge that and that I’m ok.”
When asked how she was feeling towards McLeod near the end of the night at Jacks, “I’m feeling ok about it because we had been close throughout the night but I feel like if I hadn’t been drunk or been in that position that wouldn’t have been something I would have done – but I did feel ok going with him at that point.”
Around 4:30 p.m. on Friday, Cunningham said this was a natural break in her questioning and suggested breaking for the weekend.
Before the jury was dismissed, Carroccia reminded the witness and the jury not to seek out any information or talk about the trial over the weekend.
Taylor Raddysh testimony
NHLer Taylor Raddysh was first on the stand Friday morning and was questioned by the Crown, mostly about what he saw and remembers of the night of June 18 and into the early morning hours of June 19, at the Delta hotel in downtown London.
Numerous times during testimony, Raddysh answered by saying “sitting here today, I can’t remember.”
For a portion of his testimony, he was allowed to use his 2018 transcripts from a police interview.
When asked about going into hotel room 209, the room registered to Michael McLeod, Raddysh said he remembered seeing the complainant, E.M. on the bed under the blankets, using a pillow against the head board.
He said he couldn’t recall whether she was clothed.
During cross-examination, defence council for Cal Foote suggested that E.M. told authorities in her 2018 interview with authorities that she was “naked on the bed exposed.”
In response to what E.M. said in her previous interview, Raddysh said: “I don’t really remember that. But I did not state that in my transcript [In 2018], which I for sure would have been telling the truth, and that for sure would be, I would think something hard to forget and something I would remember.”
Raddysh has not been accused of any wrongdoing.
Boris Katchouk testimony
Boris Katchouk, another former member of the gold-medal winning junior hockey team, appeared after Raddysh and recalled entering the Delta hotel with a slice of pizza.
When asked by the Crown where he went when he got back to the hotel, he said, “As I was walking back to my room, I walked and saw Micheal McLeod… just outside of his door… Mikey asked me to go inside of his room and I obliged.”
Katchouk went on to say, “As I entered the room there was a woman laying on the bed… I saw a woman laying on the bed under the sheets as I was talking to Mikey.
When asked about [E.M.’s] physical position, Boris said he couldn’t recall. He then referred to his transcript from a previous interview to refresh his memory and said, “all I could see was her head… I could not [tell if she was wearing clothing.]"
While he was in room 209, Katchouk said at one point McLeod left the room and said, “When Mikey [McLeod] came back into the room… [Taylor] Raddysh was with him.” Katchouk said he, McLeod and Raddysh spoke briefly and Raddysh said ‘Hey Bo [Boris], lets get out of here,’ and we did that.” Saying he, Katchouk, stood up and walked out of the room and went straight back to his room on the same floor.
It was presented in court that in previous interviews with authorities, Katcouk described E.M as “playful” and “flirty.” Katchouk confirmed those responses on Friday.
Day 2: Technical glitches hamper evidence presentation in hockey sexual assault case
Day 3: Texts, videos, and uncertain memories in ex-junior hockey player sexual assault trial
Day 4: Day delay in hockey sexual assault trial
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: +1 866 925 4419
24-hour crisis line: 416 597 8808
Canadian Human Trafficking Hotline: +1 833 900 1010
Trans Lifeline: +1 877 330 6366
Sexual misconduct support for current or former members of the Armed Forces: +1 844 750 1648
Read about your rights as a victim here.
