Warning: This story contains graphic details and allegations of sexual assault
On Wednesday afternoon, Michael McLeod’s lawyer David Humphrey began cross-examination of retired police officer Steven Newton, who was testifying remotely in a London, Ontario courtroom.
Newton said he learned the complainant’s mom’s boyfriend spoke to police on June 19 and told them there was a potential sexual assault to report.
Newton understood that the complainant, known as E.M., didn’t want her name given to police or to anyone at that time, and that she didn’t want to report anything to police or want McLeod to get in trouble.
Humphrey suggested to Newton, who agreed, that the mom’s boyfriend told police that McLeod, “got the young lady drunk and that she was sexually assaulted.”
Newton met with E.M. on June 22, 2018. At that time, E.M. said she did not want to proceed with criminal charges or go to court.
Humphrey suggested E.M. would be “satisfied if Newton speaks to the men about what they did,” and Newton agreed.
Newton testified that during their initial interview, E.M. did not say she was “scared” or “intimidated” while in room 209 in the Delta Hotel in London, Ont.
He said he expressed to E.M. and her mother that it should be E.M.’s decision to proceed with the investigation.
Humphrey suggested Newton had concerns that she might be pressured by her mother to pursue charges and Newton agreed, saying, “It was a developing concern, yes.”
On June 24, 2018, Newton said he received a text from E.M. saying she wanted to go ahead with the charges.
Then, on June 26, 2018, prior to interviewing E.M., Newton said he watched videos from the Delta lobby. He said E.M. did not appear to be so intoxicated that she did not have the capacity to consent.
Humphrey then suggested Newton told E.M. that there appeared to be a “certain level of consent to the sexual activities,” to which Newton agreed.
Newton testified he told E.M. that he might not be able to charge the men given what she had told him about the night, as well as her level of sobriety and ability to consent.
Newton told Humphrey that he informed E.M. in early 2019 about the people he had interviewed who were in the hotel room and that he had no grounds to lay charges.
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Daniel Brown Begins Cross-Examination
After Humphrey concluded, Daniel Brown, a lawyer for Alex Formenton, began his cross examination of Newton.
Brown asked Newton, “You knew it was something that you were going to thoroughly investigate not only because it’s a serious alleged offence, but also because of the people involved in the offence?”
Newton agreed.
Brown suggested to Newton that none of the players had to speak with him, and Newton agreed.
Earlier, court heard Newton had interviewed McLeod, Hart, Formenton, and Dube.
“Do you agree that it was surprising that anyone came forward?” Brown asked.
Newton answered, “It was actually somewhat surprising. I’m happy they did.”
Brown added that Newton had all the information needed regarding E.M.’s “capacity to consent” after speaking with the players and Newton agreed.
Meaghan Cunningham Begins Re-Examination
With Brown concluding, it was Crown attorney Meaghan Cunningham who began her re-examination of Newton.
Cunningham asked Newton if he ever told E.M. that he thought she was “actively participating” in the events that took place in the early morning hours of June 19, 2018.
Newton said, “I left the interview with the belief that E.M. was not necessarily intoxicated and there may have been a certain level of consent given her active involvement.”
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.
