Warning: This story contains graphic details and allegations of sexual assault
Defence lawyer David Humphrey suggested Tuesday that the complainant in the sexual assault trial of five former junior hockey players was the one to bring up inviting other players into a hotel room in June 2018 because she wanted to have a “wild night.”
Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Callan Foote have all 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.
Humphrey, who represents McLeod, suggested during cross-examination in a London, Ont., courtroom Tuesday, that the woman wanted to keep the night going after having consensual sex with McLeod and discussed having some of his friends come to the room “to have some fun.”
“I’m going to suggest that you said something to him, along the lines of get some of those guys back here. I want to have a wild night,” Humphrey said to E.M.
“That doesn’t sound like anything I would usually say, and I don’t remember saying those words,” she said.
Humphrey went on to say: “I would suggest Mr. McLeod asked if you were serious and if that’s what you really wanted, and then you said, ‘Yes, it was.’”
“No, it doesn’t ring any bells for me. I don’t recall having any conversation about this and then just feeling really surprised when people did walk in,” E.M. responded.
Before the lunch break, Humphrey argued that E.M. had “a whole inventory of possibilities” over the course of the night to “ditch McLeod” if she wanted to.
- Here’s a recap of week one of the trial
- Day 6: ‘It was all just a joke to them’: complainant testifies at
“If you wanted to shake off [Michael] McLeod, you had all kinds of options available to you,” argued Humphrey.
He suggested she had access to her phone all night and could have called or texted someone, or according to Humphrey: “A simple way would be just at some point to say, ‘You know what I’ve got a boyfriend.”
“That’s correct. I could have said that,” said E.M. “Again, I feel like that’s something hard for me to kind of get out and say, when he was already showing a lot of interest in me, and just wasn’t something again, I was able to think clearly to say.”
When reviewing the June 2018 events at Jack’s bar in London, Ont., as seen on surveillance video showing the complainant, E.M. taking shots, Humphrey suggested to her: “You accept that you made your own choices to drink those drinks.”
E.M responded by saying: “I feel like I was still in control at the bar, that I could make a choice on how much to drink, but there was a lot of pressure from the group too and I wasn’t thinking all that clearly because of the alcohol. But yes, I do accept that I made those choices to drink, yes.”
Humphrey also questioned E.M. on her level of interest in McLeod after she was seen on video buying him a drink at the bar.
She said she had already planned on buying herself a drink and called herself “polite” by buying him a drink as well.
“I wasn’t going out of my way to find anybody, Again, I was the one who was approached. I wouldn’t usually go up to anybody else, and I’m just polite and so I engage in conversation and then just have trouble setting boundaries. Just in general I’m not one to just be rude to someone off the bat and just shut down conversation.”
Arriving at the Delta hotel
Surveillance video from the Delta hotel in London, Ont., showed a cab pulling up to the main entrance with McLeod getting out first followed by E.M., with the pair walking to the front entrance and going through the revolving door.
“Okay, and I’m just going to suggest you, in that sequence of walking, you’re walking to the hotel in your high heels, you appear to be walking normally unaffected, not visibly affected, by alcohol. Do you agree with that?” said Humphrey.
“I would agree with that. I know I don’t outwardly look like I’m falling over at all. But like I mentioned, I comfortable with walking in heels, I feel like it probably took me a lot of effort to try and look like I was as steady as I was,” E.M responded.
While the video shows the two continue up a few steps, Humprey said: “You could see yourself skip up those stairs?”
“Yes, I could see that,” said E.M.
“I’m going to suggest you were not significantly affected by the alcohol. You had no difficulty skipping up those stairs in your high heels. You agree with that?” said Humphrey.
E.M responded with, “It looks like I was fine going up those stairs. Again, I think it just maybe affects people differently the amount of alcohol, but I feel like I probably have to still really focus hard to try and get up those stairs. I know outwardly it looks fine. I agree with that. I’m not denying that.”
When E.M. began testifying last Friday, laying out her account of what happened at a bar and a hotel in downtown London, Ont., in June 2018, she told the court she went on “autopilot” while in the hotel room, and felt that she had to go along with what the men in the room wanted her to do.
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.
