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News.com.au
a day ago
- News.com.au
Canada hockey players learn fate in sexual assault case, verdict promps gasps in court
Five Canadian professional hockey players accused of sexually assaulting a woman in 2018 were found not guilty on Thursday, with the judge ruling the complainant's account of the alleged offences was not credible. The case had captured the country's attention, and raised concern about broader issues in the culture of hockey, Canada's cherished national sport. Michael McLeod, Alex Formenton, Dillon Dube, Carter Hart and Callan Foote stood trial on charges they assaulted the woman in a hotel room in London, Ontario in Canada following a national men's junior team celebration. All denied wrongdoing, claiming the woman — whose identity is protected — was an active and willing participant in a series of sex acts. Roughly 100 protesters supporting the woman were outside the court when the day began but were gone when court adjourned. The complainant's lawyer, Karen Bellehumeur, called the verdict 'devastating.' Superior Court Justice Maria Carroccia read out her detailed decision in front of a packed London court, following one of the most closely watched trials in recent Canadian history. She opened the hearing by declaring that she did 'not find the evidence of (the complainant) to be either credible or reliable,' and that prosecutors had failed to prove their case. Those declarations prompted gasps in the courtroom and embraces among the families of the accused, public broadcaster CBC reported. Some five hours later, Carroccia announced not guilty verdicts for each of the defendants. 'I find as a fact that the complainant did express that she wanted to engage in sexual activity with the men,' she said. She ruled there was insufficient evidence to determine the consent expressed by the complainant 'was vitiated by fear.' Criminal trials in Canada are often decided by a jury, but the case shifted to a judge-only trial after two juries were dismissed. Multiple investigations The complainant, 20 at the time, met McLeod at a bar in London before having sex with him. That initial encounter was not at issue in the trial, which focused on events that occurred after McLeod messaged a team-wide group chat asking if anyone was interested in a 'three-way.' The court heard the woman engaged in multiple sex acts with the players over a number of hours. Prosecutors argued the players failed to take steps to ensure her consent. Defence lawyers said the woman willingly participated and only made the assault allegations after regretting her choices. In her reasoning for the verdict, the judge said there were 'troubling aspects' to how the complainant recalled the events. Carroccia noted the woman said she was speaking 'her truth,' not the truth, 'which seemingly blurs the line between what she believes to be true and what is objectively true.' Bellehumeur said her client faced 'insulting, unfair, mocking and disrespectful' treatment from the defence over several days of withering cross-examination. An initial police investigation into the allegations produced no charges. Subsequent media probes revealed Hockey Canada, a governing body, used funds from subscription fees paid by ordinary families for a $3.55 million CAD (A$3.95) out-of-court settlement with the woman, forcing the resignation of Hockey Canada's leadership. Amid public uproar, London police re-opened the case and brought charges against the players last year. Formenton's lawyer, Daniel Brown, told reporters after the verdict that London police 'got it right seven years ago.' 'Political and media pressure brought this allegation back into the spotlight,' Brown said, accusing prosecutors of 'forging ahead with a hopeless prosecution.' Court proceedings focused on the evolving legal definitions of consent, and the trial addressed videos made by McLeod of the complainant saying she was OK with what happened. Prosecutors argued the decision to make a video indicated concern the sex was not consensual. Hart, a former National Hockey League goaltender, testified such videos were common practice among professional athletes. Carroccia made clear she did not assess the videos as evidence of consent, but found they shed light on the woman's state of mind. 'She was speaking normally. She was smiling. She did not appear to be upset or in distress,' the judge said.
ABC News
2 days ago
- ABC News
Indian police say fake ambassador ran bogus embassy for micronations
Indian police say they have arrested a man who spent a decade posing as the ambassador for a number of micronations. Harshvardhan Jain ran the operation out of a rented house in Ghaziabad, on the outskirts of New Delhi, police said. He claimed to be representing Westarctica, Seborga, Paulovia and Ladonia among others. Police say they found cash, luxury cars, rubber stamps, passports, identity cards, and diplomatic car number plates at the property. "He also used a lot of manipulated photographs with renowned people to racketeer and gain commission from people," said Sushil Ghule, a senior police officer with Uttar Pradesh Special Task Force. Mr Jain is in police custody. Investigations are underway to determine how many people he duped and if anyone travelled overseas. He had been running the operation since 2016, and said he was appointed the honorary consul of Westarctica and an advisor to Seborga, Indian media reported. Mr Jain is believed to have used his made-up designations to lure people into securing jobs abroad, then charging them to open bank accounts and buy properties. They all describe themselves as micronations. Micronations are entities that claim to be sovereign states; they are not recognised by established governments and are not considered a threat. Westarctica is located in the west of Antarctica. It is led by Grand Duke Travis McHenry, who laid claimsto the region in 2001. Seborga is a village in Italy, near the border with southern France. While geographically located in Sweden, Ladonia's website says it does not have "strictly defined borders". There is not much information on Paulovia. There are about 130 micronations across the globe, with Australia home to over a third of them. They include the once-famous Principality of Hutt River, which has now been ceded back to the Commonwealth. Hutt River was formed in 1970 after a stoush with the West Australian government over wheat production quotas. More recently, a political protest over the perceived lack of action around same-sex marriage led to the establishment of the Gay and Lesbian Kingdom of the Coral Sea Islands. ABC/Reuters
Perth Now
2 days ago
- Perth Now
Bombshell update after fatal Taipan crash
Commonwealth prosecutors will not lay charges against Defence after four soldiers died in a horrific army helicopter crash – even after a damning report identified serious issues related to night vision technology used by the soldiers and their fatigue. The bombshell update comes close to the two-year anniversary of the devastating incident, which claimed the lives of Captain Danniel Lyon, Lieutenant Maxwell Nugent, Warrant Officer Class 2 Phillip Laycock and Corporal Alexander Naggs. All four were on board a MRH-90 Taipan helicopter, with the call sign Bushman 83, when it plunged into the waters off Queensland's Hamilton Island on July 28, 2023. At the time, the aircraft was flying in formation with three other helicopters during Exercise Talisman Sabre. Lieutenant Maxwell Nugent, Captain Danniel Lyon, Corporal Alex Naggs and Warrant Officer Class 2 Joseph Laycock died in a fatal helicopter crash off the Queensland coast in July 2023. Supplied Credit: News Corp Australia A report into the crash found both pilots were 'disoriented' for 21 seconds before losing control of the aircraft. Supplied Credit: Supplied Captain Lyon was piloting Bushman 83 alongside co-pilot Lieutenant Nugent when the pair became 'disoriented' for 21 seconds, losing control of the aircraft. He managed to avoid a mid-air collision by rolling the aircraft to the right – diverting it from the path of another helicopter, callsigned Bushman 82. Bushman 83 hit the water at 259km/h, killing everyone on board. A 228-page report by the Defence Flight Safety Bureau (DFSB) laid out the timeline of tragedy, attributing the primary cause of the crash to spatial disorientation. In late July 2023, Comcare – the national authority for work health and safety – began an investigation of potential health and safety offences relating to the crash. Their investigation focused on the Department of Defence's duties owed to workers 'under the Commonwealth Work Health and Safety Act 2011'. In a statement, a Comcare spokesman said investigators provided a brief of evidence to the Commonwealth Director of Public Prosecutions (CDPP). Comcare presented a brief of evidence to the Commonwealth Director of Public Prosecutions, but the organisation has advised the regulator there was insufficient evidence to commence a prosecution. Supplied Credit: News Corp Australia But any potential prosecution of alleged workplace health and safety breaches will not take place, according to the CDPP's latest advice to Comcare. The Comcare spokesman said the CDPP had advised the regulator in July that 'it did not consider there was sufficient evidence to commence a prosecution.' NewsWire has contacted the CDPP for comment. The news has outraged family members of the deceased soldiers, with Lieutenant Nugent's father Daniel saying it was a 'disgrace'. 'It's given us no real opportunity to appeal the decision, or to lobby government ministers or anything like that,' he told the ABC. All 46 recommendations made by the DFSB have been accepted by the Defence Aviation Authority. Dan Peled / NewsWire Credit: News Corp Australia The wreckage from the MRH-90 Taipan collected by boaties after the crash near Hamilton Island. 7News Credit: Supplied 'Is this how we treat people in our country?' The DFSB's report, released in May, outlined 196 findings, including indirect findings and observations, making 46 recommendation across the Defence Aviation Safety Program. It was one of the most complex investigations by the department in recent history. Cockpit audio of an exchange between Captain Lyon and Lieutenant Nugent sharing a brief exchange before the crash as Captain Lyon tried to navigate rain showers, losing visual contact with Bushman 82. As they attempted to regain sight of the aircraft, neither pilot noticed a critical change in Bushman 83's pitch, from nose-up to nose-down, as their helicopter climbed above the formation. Senior army representatives attending the commemoration service for the one year anniversary of the MRH90 Taipan incident at Swartz Barracks, Queensland. Supplied Credit: News Corp Australia The report states Captain Lyon pitched further, inadvertently pushing their aircraft into a fatal nose-down position. Investigators have determined Captain Lyon's last-second evasive manoeuvre likely saved four other lives by avoiding a mid-air collision with Bushman 82. The DFSB report found Captain Lyon and Lieutenant Nugent were fatigued at the time of flying, as they had been sleeping in tents at Proserpine Airport in the days prior and waited inside the aircraft for two hours before takeoff. The investigation also assessed whether the TopOwl 5.10 helmet, criticised in test reports for its inverted pitch and roll displays when pilots turn their heads, contributed to the crash. The helmet was described by Army test pilots as a 'substantial risk of multiple deaths', but the DFSB found it was 'very unlikely' to have caused the disorientation in this instance. 'While both AATES and Standards Section test and evaluation reports agreed that there were deficiencies relating to attitude presentation, the two agencies disagreed on the severity of the hazard,' the report states.
