Hockey Canada sex assault defence lawyers respond to verdict: 'Public narrative was one-sided'
David Humphrey, lawyer for Michael McLeod
Mr. McLeod will not be speaking to the media, and I understand the other players will not be speaking to the media. I will not be taking questions and other counsel who come to address you, they will not be taking any questions.
Mr. McLeod had confidence in the Justice process, and he welcomes Justice Carrocia's decision, confirming that he and his co defendants are not guilty of sexual assault. Justice Carrocia's carefully reasoned decision represents a resounding vindication for Mr. McLeod and for his co defendants. Justice Carrocia's found that the complainant's testimony was incredible and was unreliable.
For years, public perception was shaped by a one-sided narrative from a civil lawsuit that went unchallenged. In large part because hockey Canada settled the claim without first informing or consulting the players. The decision was made unilaterally, and the players were only told of the lawsuit and the settlement after the fact. Had they been consulted, they would have refused to settle, and they would have vigorously contested EM's allegations.
That version of events dominated headlines and created a lasting and, a false, a false impression of guilt. It was only through this criminal trial that the allegations were fully and finally tested. The court compared the complainant's 2018 statements to the police, which rightly resulted in no charges with the later conflicting civil claim. Key elements of EM's story were contradicted by the evidence, exposing serious falsehood and leading to today's clear and just verdict of not guilty. Justice Carrocia rejected EM's claims of fear and her claims of non consent. That should be the takeaway from today's judgment.
The damage to Mr. McLeod's reputation and his career has been significant. But today's decision begins to restore what was very unfairly taken away from him. Mr. McLeod is deeply grateful to his family, friends, his agent, and everybody who stood by him.
Megan Savard, defence lawyer for Carter Hart
It is both gratifying and unsurprising to hear an impartial and fully informed decision maker, except Mr. Hart's testimony about what happened on June 19, 2018, as unshaken, credible and truth.
The public narrative of this event was, until this trial, one sided and untested. Now, the criminal process has shown it to be false. To anyone who is surprised or angered by today's outcome, it is the direct result of the media's ongoing failure to publicize the weaknesses in the prosecution's case as it unfolded.
The office of the Crown attorney knew what today's verdict was likely to be. And the evidence at trial came as no surprise to them or anyone with full knowledge of the investigation. Almost every single feature of the evidence that Justice Carrocia identified today as fatal flaws for the Crown was known to prosecutors and to police from 2018. Today's outcome was not just predictable, it was predicted. The Crown attorney did not have to take this case to trial.
Mr. Hart, in particular, was willing to engage in a restorative justice process. He was willing to be publicly named and prepared to use his public platform to teach other athletes about how to ensure that their sexual encounters are responsible and thoughtful. Instead of pursuing restorative justice, the Crown forced a distressing and unnecessary trial to the detriment of Mr. Hart, his co defendants, the complainant, and the Canadian public.
Mr. Hart regrets that it took a criminal trial for the truth to come out, but he has learned from the experience, and he is committing to sharing what he has learned with others in his personal circle and in his professional life. He will be taking time today to process today's outcome, and is grateful to his family, his friends, and his supporters for standing by him during this profoundly challenging time. Thank you.
Julianna Greenspan, lawyer for Cal Foote
I promise I'm the last one. We are the last ones. Juliana Greenspan and this is Lauren Crawford, and we were counsel for Mr. Foote. Just have some brief comments that I want to say at this time. At the start of this trial, Cal Foote walked into this courthouse, an innocent man, and he walks out today exactly that.
Cal never lost faith that justice would be done, despite the clamor of external pressures, and agendas, outside the courthouse doors. Criminal investigations and the trial process must always be free from these influences. On behalf of Cal and his family, we appreciate the court's careful and thorough consideration and for the just verdict delivered today.
Seven years ago, Cal was 19. He is now 26. That is a significant part of a young man's life. He is still young. He has a wonderful future ahead of him, and he is eager to embark on his next chapter. Thank you. He's not answering any questions, but thank you.
Daniel Brown, lawyer for Alex Formenton
After what was meant to be a night of celebration with coaches and teammates. For the last seven years, he's lived under a dark cloud. The public now knows what Alex has always maintained, that he is completely innocent of this false allegation. But only after his case has erupted into a massively publicized social cause, Alex's face has appeared on millions of screens and newspaper pages, and there could be little doubt that an untold number of people out there believed he was guilty, simply because he was accused of a crime, long before any evidence was presented in court.
This rush to judgment to believe the worst of people is one of the most regrettable of human traits. So, too, is our reluctance to change that opinion, even when it's proven wrong, after a full and fair trial. Notwithstanding Justice Carrocia's unequivocal exoneration of Alex today, there will inevitably be those who will still believe he committed a crime.
Nobody in Room 209 that night has emerged unscarred from these events. The criminal court process is a bruising experience for everyone, but never more than when a case is high profile incorporates such high stakes. In Alex's case, he was condemned and felt banished from society. This experience for him has been crushing. Nonetheless, the impact of this case has changed Alex as a person, and he's matured well beyond his years.
It is inevitable that some people will not forgive Alex for what he was accused of doing. Others, however, will understand that this tragic matter, rightly comes to an end today. Alex has never minimized his role in the sexual encounter or denied engaging in consensual sexual activity with the complainants. He fully cooperated with the police investigation and provided investigators with a complete account of his behaviour back in 2018.
Alex's narrative isn't conjecture. His police statement was corroborated at trial by several crown witnesses, by video evidence, and was even supported in large measure by the complainant's evidence herself. Even Justice Carrocia said today that she accepted that Alex told the truth in that police statement. And while no police investigation is perfect, the London police got it right seven years ago when they decided it would be a mistake to charge Alex. The evidence always demonstrated that he didn't commit sexual assaults. However, political and media pressure brought this allegation back into the spotlight in 2022, and the Crown attorney knowingly forged ahead with a hopeless prosecution.
Besides the human toll of everyone involved, this lengthy legal process exhausted valuable resources that could have been deployed elsewhere in the justice system, but were lost here. Alex, his family, and his defense team are grateful to Justice Carrocia for our careful consideration of all the evidence that was presented to this trial. She's reached a just and correct verdict that must be respected.
Nobody disputes that sexual assault is a terrible societal plague, and Alex sincerely hopes that this prosecution doesn't stop the quest to combat sexual violence and to bring genuine offenders to justice. However, an accusation is just that, an accusation. This case stands to the fact that we must never lose sight of the fundamental right to be presumed innocent. Now, more than ever before, a fair response to sexual assault claims requires a balanced perspective and public trust and the decision making of the courts. Anything less, only harms the justice system and the cause of eliminating sexual violence. Thank you.
Julie Santarossa, lawyer for Dillon Dubé
For Mr. Dubé, this has been a long and difficult process. He is relieved by the outcome, and he is grateful that Justice Carrocia decided what she did and did so fairly and efficiently. Throughout this trial, Mr. Dube was impressed by the fairness and impartiality demonstrated by her honor. This decision comes as a result of careful deliberation by her honor.
She engaged with the evidence in a thoughtful, methodical, and principled manner. Her reasons reflect not only a command of the legal principles at stake, but also a deep sense of responsibility in assessing the evidence, applying the law, and demonstrating a strong commitment to justice.
Mr. Dubé has always maintained his innocence. He is thankful for all of the unwavering support from his friends and family who have also believed in him. For all of you that have been by his side throughout this period of time, you know who you are, we thank you. Mr. Dubé is hopeful that everyone can move forward from this in a positive manner. He is requesting privacy during this period of time. In view of the court's decision, Mr. Dubé will not be making any further statements at this time. Thank you.
Read the full statement from the complainant's lawyer
Gasps in court as all five players acquitted in Hockey Canada sexual assault trial
Hockey Canada sex assault complainant 'very disappointed' with judge's assessment of her honesty, lawyer says
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