Defence resumes questioning woman in sexual assault trial for ex-Team Canada junior hockey players

Court resumes, supporters outside

The proceedings for today have started.

The lawyers and judge are having a discussion about something without the jury being here, so it’s covered by a publication ban, meaning we can’t report what they’re talking about.

Supporters of E.M. gathered outside again this morning, shouting “Shame! Shame!” when some of the players and their lawyers walked into court.

We expect Savard to ask one more question this morning, and then the lawyers for Alex Formenton to begin their cross- examination.

Where court left off yesterday

Hart’s lawyer, Megan Savard, ended her cross-examination yesterday by questioning E.M. about two instances in which men were misidentified as potentially being involved in the alleged sexual assault.

E.M. said she did not intentionally mix up the players and she was becoming “flustered” when Savard continued to press her about the issue.

In the end, E.M. began to cry and asked to adjourn proceedings early for the day.

Court resumes this morning in London, Ont.

Defence lawyers representing players on Canada’s 2018 world junior hockey team will continue to cross-examine the complainant today.

Over the course of the week, counsel has grilled E.M. about her own conduct in London, Ont., in 2018. They have asked her how much alcohol she drank, how she danced at Jack’s bar and how she was “acting” in the hotel room during the alleged assault.

The lawyer representing Carter Hart, one of the accused, said her client and his teammates “assumed” E.M. consented to the group sexual activity at the Delta hotel because she was behaving in a certain “way” and putting on a “performance.” E.M. said she might have appeared to be OK in the room, but her body was on “autopilot” as she struggled to grasp what was happening to her.

E.M. said the men should have known she wasn’t agreeing to the sexual activity because she was outnumbered and heavily intoxicated.

The players – Hart, Dillon Dubé, Cal Foote, Alex Formenton and Michael McLeod – are on trial for sexual assault. They have all pleaded not guilty.