Warning: This story contains graphic details and allegations of sexual assault
Justice Maria Carroccia ruled Wednesday that while there were some inconsistences in the testimony of Brett Howden, he was not feigning a lack of memory or being insincere on Tuesday when he said he couldn’t remember details around an alleged sexual assault involving five of his former teammates on Canada’s 2018 world junior hockey team.
The ruling came after Crown attorney Meaghan Cunningham applied to cross-examine Howden, who is a Crown witness, under Section 9 (2) of the Canada Evidence Act. Cunningham asked for permission to cross-examine Howden on 18 areas of his previous testimony.
Hours later, Carroccia said there were four areas in which there were inconsistencies in Howden’s testimony.
Before court adjourned for the day, Cunningham said that she would meet with defence lawyers to decide how to proceed.
“In my view at this stage, I cannot find that Mr. Howden is feigning lack of memory or is being insincere about whether he has a recollection of his earlier statements or particulars of the events he’s asked to describe,” Carroccia said in her decision.
“On more than one occasion when given an opportunity to refresh his memory Mr. Howden has testified that he has no present recollection of his telling the truth when he answered the questions previously. He was effectively adopting his earlier statements due to his present lack of memory.”
Carroccia still has not decided whether the Crown can cross-examine Howden, who currently plays for the Vegas Golden Knights.
Arguing against the Crown being allowed to cross-examine Howden on the alleged inconsistencies, Megan Savard, defence attorney for Carter Hart, said about Howden: “The witness is plainly unsophisticated. He didn’t come to court dressed for court [he had messy hair and was wearing a brown hoodie ]. He is inarticulate and a poor communicator... I would say, if anything, we may all say at the end of the day, this witness is generally useless.”
Michael McLeod, Dillon Dube, Alex Formenton, Carter Hart and Callan Foote have pleaded not guilty to sexual assault. McLeod has also pleaded not guilty to an additional charge of being a party to the offence of sexual assault.
The charges relate to an encounter with a woman in a hotel room in London, Ont., in the early morning hours of June 19, 2018 while the players were in town for a Hockey Canada gala event and ring presentation for winning the recent World Junior tournament.
