Crown attorney in Hockey Canada trial says accused lied repeatedly to police about alleged incident
A Crown attorney asserted in closing submissions on Wednesday that Michael McLeod repeatedly lied to police about what happened on the night that he and four of his former world junior hockey teammates allegedly sexually assaulted a woman in a London, Ont., hotel.
The woman, known as E.M., because her name is protected by a publication ban, met Mr. McLeod at a London bar following a Hockey Canada gala to celebrate the team in June, 2018, and the two went back to his hotel room and had consensual sex.
E.M. alleges she was intoxicated and that Mr. McLeod later invited several teammates to the room without her consent who then took turns sexually assaulting her. She testified that she feared for her safety in the room, and felt pressured into performing multiple sex acts.
Mr. McLeod, Alex Formenton, Carter Hart, Dillon Dubé and Cal Foote, have each been charged with sexually assault. Mr. McLeod faces a second charge of being a party to sexual assault. The five men have pleaded not guilty.
Defence lawyer in Hockey Canada trial asserts complainant exaggerated allegations for financial gain
Defence lawyers have asserted that it was E.M. who asked McLeod to invite more people to the room. But in her closing arguments in the eight-week trial on Wednesday, Crown attorney Meaghan Cunningham said that when Mr. McLeod was first interviewed by police in 2018, he never mentioned that point.
Ms. Cunningham asserted that it was only much later that Mr. McLeod introduced that story to protect himself and his teammates.
'He's crafting a false narrative of how things got started in his room,' Ms. Cunningham told Justice Maria Carroccia.
When a police detective asked Mr. McLeod in 2018 how players came to the room, he did not mention a text court saw that was sent around 2 a.m. on the night of the alleged assault from his cellphone to a 19-person team group chat: 'Who wants to be in 3 way quick. 209- mikey.'
The Hockey Canada sexual-assault trial is nearly over. Send us your questions about the case
Ms. Cunningham said police asked Mr. McLeod if he sent any texts inviting the players to the room, and his answer was that he sent a message telling them he had ordered food.
'It's not just that he forgot, it's not just that he didn't mention he sent those texts. He outright lies,' Ms. Cunningham told the court, referring to an interview Mr. McLeod gave to now-retired officer Stephen Newton in November, 2018.
'He lies to Det. Newton repeatedly, but in particular, he lies to Det. Newton about the text messages that he sent or didn't sent that night.'
Ms. Cunningham began her closing statements saying E.M. was not the 'sexual aggressor,' as the defence has made her out to be. She was instead surprised and scared when men entered the room and perceived 'she is in a dangerous situation.'
Ms. Cunningham said E.M. stayed in bed with the covers pulled up to her neck when players started arriving in the room, and did not speak, which is not the expected behaviour for someone who has asked to engage in group sex.
'[E.M.] was not the one who started this,' Ms. Cunningham said. 'She was not consenting.'
Ms. Cunningham said previous testimony shows Mr. McLeod was offering to other players that E.M. would perform oral sex on them.
Ms. Cunningham said Mr. McLeod was 'personally invested in bringing men to the room.'
'The reason he is so invested is because this is his plan, his idea,' she told the court.
'We see moments where the truth bleeds through,' Ms. Cunningham told Justice Carroccia, asserting that he was 'hosting some kind of sex party' for his teammates.
E.M. agreed to go back to the hotel room alone and, after having sex with Mr. McLeod, she was in his bed naked and drunk, Ms. Cunningham said.
'Then Mr. McLeod set her up,' she said, 'completely without her knowledge or consent.'
Defence lawyers wrapped up their closing arguments Wednesday, asserting that the complainant knew she was hanging out with members of Team Canada that night and sought them out, despite her testimony to the contrary.
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