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Closing arguments will begin next Monday and are expected to last several days; once completed, a date will be set for Superior Court Justice Maria Carroccia to deliver her judgment.听

Michael McLeod, Alex Formenton, Carter Hart, Dillon Dub茅 and Cal Foote, all members of the 2018 Canadian world junior championship team, have pleaded not guilty to sexual assault, while McLeod has also pleaded not guilty to being a party to a sexual assault for allegedly encouraging his teammates to engage in sexual activity with the complainant when he knew she wasn鈥檛 consenting.

The woman, whose identity is covered by a standard publication ban, had met McLeod at Jack鈥檚 Bar and returned to his room at the Delta Armouries hotel where they had consensual sex, only for multiple men to come in afterward, some prompted by a group chat text from McLeod about a three-way.听

The Crown has alleged that McLeod had intercourse with the complainant a second time in the hotel room鈥檚 bathroom; that Formenton separately had intercourse with the complainant in the bathroom; that McLeod, Hart and Dub茅 obtained oral sex from the woman; that Dub茅 slapped her naked buttocks, and that Foote did the splits over her head and his genitals 鈥済razed鈥� her face 鈥� all without her consent.

While an accused person has the right to testify in their own defence, they are not required to, as the burden of proving a criminal charge beyond a reasonable doubt always remains with the Crown.

Only Hart ended up taking the stand. He told Carroccia last week that after a night of drinking, he went to McLeod鈥檚 room in response to his text about a three-way, only to find several other players already there, and a naked woman masturbating on a sheet on the floor, asking: 鈥淐an somebody come f—- me?鈥� Hart testified he asked the woman for a 鈥渂lowie, meaning blowjob,鈥� that she said 鈥測eah鈥� or 鈥渟ure,鈥� and crawled toward him and helped pull down his pants before performing oral sex for about 30 to 60 seconds. He said he had no doubt the encounter was consensual.听

Lawyers for McLeod and Formenton said their clients wouldn鈥檛 be testifying given that the Crown had already entered as evidence their video-recorded statements to police in 2018, in which they both maintain their sexual contact with the complainant was consensual, while McLeod omits the fact that he texted his teammates about coming to his room for sexual activity.

Dub茅, who did a phone interview with London police in 2018, and Foote, who was treated as a witness to the sexual activity in his 2018 police interview, will also not be testifying, their lawyers confirmed Monday.听

鈥淢r. Foote has had the opportunity to hear and see the evidence introduced by the Crown, as tested through cross-examination, and he has further observed the evidence introduced by other accused,鈥� Foote鈥檚 lawyer, Julianna Greenspan, said in court.

鈥淢r. Foote is aware that while he has the right to testify, he equally has the right to hold the Crown to its burden of proof.鈥�

Looking at that statement, criminal defence lawyer Alison Craig, who is not involved with the case, told the Star: 鈥淪he鈥檚 saying the Crown鈥檚 case sucks, so he doesn鈥檛 need to take the stand.鈥�

Craig said that, generally speaking, in a sexual assault case involving the question of consent, the accused will take the stand to testify that it was consensual. Here, she argued, 鈥渢he Crown鈥檚 case in terms of the lack of consent is very weak.鈥�

The choice to testify is entirely up to the accused person. 鈥淚 would say one of the reasons people don鈥檛 testify might just be 鈥楬ey, the Crown hasn鈥檛 proven their case, I don鈥檛 need to do anything,’” said criminal defence lawyer Tonya Kent, also speaking generally.听

She emphasized that it鈥檚 up to the Crown to prove the person is guilty, and not up to the accused to prove that they鈥檙e innocent. And, she said, sometimes people may not want to testify if they鈥檝e already made other statements, such as to the police and want to avoid the risk of saying something different in their testimony that could impact their credibility and reliability.

Craig said the other men on trial essentially testified through Hart who, unlike his four co-accused, never made a prior statement with his version of events to either the police or an independent Hockey Canada probe.听

鈥淚t鈥檚 a much safer way to go if you can do it that way,鈥� Craig said. 鈥淭here was nothing really to impeach (Hart) with.鈥�

The trial鈥檚 last witness on Monday was London police Det. Lyndsey Ryan, who was called by Formenton鈥檚 lawyers. She testified about leading the force鈥檚 reopened probe in 2022 after police initially declined to lay criminal charges in 2019. Ryan said the complainant was 鈥渁ctually quite upset鈥� when the detective broke the news in July 2022 that she was reviewing that initial investigation, in the wake of news reports and public outrage that Hockey Canada had settled, for an undisclosed sum, the woman鈥檚 $3.5-million sexual assault lawsuit filed against the organization and eight unnamed John Doe players.听

鈥淚 felt pretty bad because it felt like ... I got the sense that I was opening up some wounds that she was trying to close,鈥� Ryan said.

鈥淚 think it was a bit overwhelming. She wasn鈥檛 expecting this.鈥�

Now that all of the evidence has been called, the Star can take a step back to summarize the totality of the case against the players put forward by Crown attorneys Meaghan Cunningham and Heather Donkers.

The essence of the Crown case

The prosecution’s case focuses primarily on the evidence of the complainant 鈥� the alleged victim 鈥� who testified in graphic detail over a gruelling nine days that she was sexually assaulted by several members of the championship team听at the Delta Armouries hotel. The team was in town for the Hockey Canada Foundation鈥檚 annual Gala & Golf fundraising event and to receive their rings for winning the world championship earlier that year.听

The issue of consent has been at the heart of the case since well before charges were laid.

As the Star has previously reported, London police initially declined to lay charges in 2019 because, after viewing video evidence, lead investigator Steve Newton had doubts that the complainant was too intoxicated to consent, as she had told police. He wondered in his report whether the complainant was an 鈥渁ctive participant鈥� in the events of June 18-19, 2018, and also whether she was being 鈥渃oerced鈥� by family to report to police.听

Unlike in 2018, London police approached the case from a different angle in 2022 that didn鈥檛 focus on the complainant鈥檚 state of intoxication. Instead, they laid charges on the theory that she went along with the sexual activity in the room because she felt intimidated and the men should have known she wasn鈥檛 consenting 鈥� the same argument the Crown has made at trial.听

The complainant鈥檚 testimony: 鈥楳y mind just kind of shut down鈥�

Now 27 years old, the woman testified via CCTV from a different room in the London courthouse that as more men came into the room after she had sex with McLeod, they placed a bedsheet on the floor and asked her to fondle herself, to perform oral sex on them as she was slapped and spat on, and to have vaginal intercourse.

She didn鈥檛 claim the men physically forced her to do anything that night, nor that she said no to the alleged assaults, but says she nonetheless did not consent to what happened. She testified she was drunk and in an autonomous state, acting in 鈥渁utopilot鈥� while surrounded by large men she didn鈥檛 know and who should have known she wasn鈥檛 consenting.

She also acknowledged that she told the Crown and police during a witness preparation meeting earlier this year that she adopted the 鈥減ersona鈥� of a 鈥減orn star鈥� as a coping mechanism while in the room.听

鈥淚 didn鈥檛 know these men at all, I didn鈥檛 know how they would react if I did try to say no or try to leave,鈥� she testified. 鈥淢y mind just kind of shut down and let my body do what it thought it needed to do to keep me safe.鈥澨�

She said that she was crying, and that when she would try to leave, the men would coax her back into the room, putting their arm around her and guiding her back to the bedsheet. At one point, she said she became worried when someone made comments about 鈥減utting golf balls in me, in my vagina, and asking if I could take the whole club.鈥�

The woman was also asked about two videos taken by McLeod on his phone in the hotel room that night. In the first, McLeod asks her off-camera if she鈥檚 鈥淥K with this,鈥� and she replies, smiling: 鈥淚鈥檓 OK with this.鈥� The complainant testified she wasn鈥檛 aware she was being recorded in that first video.听

She speaks for longer in the second video, taken about an hour after the first: 鈥淎re you recording me? OK, good, it was all consensual,鈥� she says, wrapping herself in a towel. 鈥淵ou are so paranoid, holy. I enjoyed it. It was fine. It was all consensual. I am so sober, that鈥檚 why I can鈥檛 do this right now.鈥�

The complainant testified she was just saying what she thought the men wanted to hear. 鈥淚 think this is still a point where my mind is disconnected from my body,鈥� she said.听

Her mother found her distraught in their home鈥檚 bathroom later on June 19; she was unable at the time to clearly tell her mother what had happened. Her mother called the police, while her mother鈥檚 partner called Hockey Canada.听

Under cross-examination, she acknowledged that it was 鈥減ossible鈥� she pulled Formenton into the bathroom, where they had intercourse, and that she may have been offering sexual services or performances to the players.听

鈥淚 don鈥檛 have a memory of offering that up,鈥� the woman testified, 鈥渂ut based on this persona I was trying to use to cope, it could be possible.鈥�

Texts entered as evidence show McLeod urging the woman to drop the matter after finding out police had been called: 鈥淵ou said you were having fun??鈥澨�

The woman said she was really drunk and 鈥渄idn鈥檛 feel good about it at all after,鈥� but that it was her mother who called the police and she would tell them she didn鈥檛 want to pursue charges.听

鈥淚鈥檓 sorry, didn鈥檛 mean for that to happen,鈥� she wrote. 鈥淚 was OK with going home with you, it was everyone else afterwards that I wasn鈥檛 expecting. I just felt like I was being made fun of and taken advantage of.鈥�

The complainant testified she was just telling McLeod whatever would get him to leave her alone.听

Meanwhile, in texts to her best friend on June 19, the complainant wrote that McLeod had been 鈥渟uch a jerk,鈥� that he had all his friends in the hotel room 鈥渁nd it was just a bad situation. I shouldn鈥檛 have put myself in that position.鈥� She texted that she felt 鈥渞eally guilty and mad at myself for letting that s—- happen鈥� and that she felt 鈥渄irty and used鈥� afterward.

She texted she 鈥渘ever wanted to do this鈥� to her boyfriend, who is now her fianc茅.听

鈥淚 didn鈥檛 want to admit it was a sexual assault,鈥� she testified at trial. 鈥淚 didn鈥檛 want to say those words, because then it would be true.鈥�

What other players in the room said: The complainant was听鈥榯aunting everyone鈥櫶�

It鈥檚 believed that up to 10 players were in the room throughout the night while the complainant was there; most of those called as witnesses for the prosecution testified they saw the woman demanding to have sex with players, and was calling them 鈥減ussies鈥� when most refused.听

Although these witnesses at times seemed to offer stronger evidence in favour of the idea the complainant was an 鈥渁ctive participant,鈥� the teammates were particularly important to the Crown鈥檚 case because they could put names to alleged actions. The complainant herself was only able to identify McLeod and Formenton as men with whom she鈥檇 had sex; the teammates鈥� evidence was crucial to placing Hart, Dub茅 and Foote inside the room that night.

Player Tyler Steenbergen testified he went into room 209 with the understanding that there was food inside, and so he said he was shocked when he saw a naked woman come out of the bathroom and proceed to a bedsheet on the floor and begin masturbating. 鈥淪he said, 鈥楥an one of you guys come over and f-鈥�-鈥�- me?鈥欌�� Steenbergen testified.听

He said he saw Hart receive oral sex from the woman for about 30 seconds to a minute, followed by McLeod, and witnessed Dub茅 slap her naked buttocks 鈥� 鈥淚t wasn鈥檛 hard, but it didn鈥檛 seem soft either.鈥� He later agreed with suggestions put to him in cross-examination that it appeared playful and part of foreplay.

Steenbergen also testified he partially witnessed Foote do the splits over the woman鈥檚 body while she was lying on the ground between two beds. He couldn鈥檛 see fully because there were people in his line of sight.

听

Player Brett Howden鈥檚 testimony, which followed Steenbergen鈥檚, posed problems for the Crown, with Cunningham acknowledging that it had not proceeded 鈥渁s anticipated.鈥� He had a lot of memory gaps, due to the passage of time and being intoxicated that night in 2018. He also agreed with a question in cross-examination that a serious head injury from 2022 could have impacted his memory. He couldn鈥檛 even remember whether the woman was clothed or naked when he saw her come out of the hotel room bathroom.听

He recalled the woman was 鈥渃hirping guys, kind of taunting everyone and kind of egging everybody on鈥� because no one would take her up on her offer to have sex. He testified he saw Hart and McLeod receive oral sex from the woman.听

鈥淚 just remember her kind of initiating, trying to get someone to do something with her, a sexual act with her,鈥� he said.听

He also said he saw the woman 鈥渢aking鈥� Formenton to the bathroom, where they had sex. Asked under cross-examination if he believes what he saw in the room was 鈥�100 per cent consensual,鈥� he replied: 鈥淵eah.鈥�听

And while he said in previous statements that he believes he heard the woman crying, he confirmed in his testimony that he believed it was because she was embarrassed that no one would have sex with her.听

Two other players testified at the start of the trial, but were only in the room briefly before more players showed up, and recalled very little; player Taylor Raddysh could only remember seeing a woman there. He had received a text from McLeod about coming to his room for a 鈥済ummer,鈥� meaning oral sex, but didn鈥檛 recall seeing the text at the time, while McLeod neglected to mention the text in his 2018 police interview.听

Player Boris Katchouk also said McLeod invited him to his room where he offered him a 鈥済ummer鈥� from the woman, but he declined.听

The players鈥� words to each other 鈥� and to investigators

One piece of evidence the police didn鈥檛 have when they chose not to lay charges in February 2019 was the players鈥� group chat messages from June 2018, which included McLeod telling his teammates after 2 a.m. on June 19 to come to his room for a 鈥�3 way.鈥�

Days later, after learning that Hockey Canada was looking into reports of the alleged incident, the players expressed concern in the group chat.

鈥淲e all need to say the same thing if we get interviewed can鈥檛 have different stories or make anything up,鈥� McLeod texted the players.听

鈥淲e are fine, the boys who did things got consent so just tell them that and it鈥檚 fine,鈥� Dub茅 wrote. He went on to say 鈥渓et鈥檚 not make her sound like too crazy鈥� because she could get angry 鈥渁nd we don鈥檛 need that so just be good about it, but the truth with it.鈥�

鈥淪he was the one begging guys to bang her,鈥� Hart chimed in at one point.听

The players鈥� own words:听鈥業 was just kind of worried something like this might happen鈥�

Just before closing their case last Thursday, the Crown presented the recorded statements that McLeod, Formenton, and Dub茅 gave to London police in 2018, when they were told upfront that there were no grounds to lay charges. Newton, the lead detective at the time, also interviewed Foote, who was treated at the time as a witness to the sexual activity in the room, and whose statement was not entered as evidence at trial. (Hart refused to be interviewed; McLeod, Formenton, and Dub茅 all witnessed him receiving oral sex from the complainant.)

In his interview, McLeod notably neglected to mention his text encouraging his teammates to come to his room for a 鈥�3 way,鈥� or that he texted Raddysh directly about coming to his room for a 鈥済ummer.鈥� (鈥淚 don鈥檛 know how guys kept showing up,鈥� he told Newton in November 2018.)

What he did tell Newton is that after having sex with the complainant, he texted teammates about ordering food and 鈥渁nd I told them I have a girl in the room.鈥�

McLeod 鈥� who acknowledged having sex with the complainant a second time in the bathroom, as well as receiving oral sex in the room 鈥� told Newton it was a 鈥渨eird situation鈥� to have the woman demanding to have sex with his teammates. This is why, McLeod told the detective, he recorded her twice saying she was consenting.听

鈥淭hroughout the night, I was just trying to make sure she was OK with this, because it was a weird situation that I wasn鈥檛 expecting was going to happen with all the guys coming in,鈥� he said in his video-recorded statement. 鈥淚 was just kind of worried something like this might happen.鈥�

He also said he had to calm the woman down when she would become upset because no one wanted to have sex with her: 鈥淟ike I told her we鈥檙e only not going to have sex with you because no wants to have sex in front of nine other guys, so she kind of felt better about that.鈥�

Formenton told Newton in November 2018, a few days after McLeod鈥檚 interview, that he 鈥渧olunteered鈥� to have sex with the woman in the bathroom as many of the men didn鈥檛 want to have sex with her because they had girlfriends.听

鈥淚 think she was embarrassed that nobody did anything to her, and I think she was maybe embarrassed that she thinks she wasn鈥檛 hot enough and that no one gave her the attention while she was sitting there naked,鈥� Formenton said in his video-recorded statement. 鈥淏ut really, it was just because everyone had girlfriends and no one found it not awkward to do that in front of people.鈥�

Dub茅 told Newton in a phone interview in December 2018 that he received oral sex from the woman for about 10 seconds, but does not mention that he slapped her buttocks 鈥� something he would later tell Hockey Canada investigator, lawyer Danielle Robitaille.

鈥淚 kind of knew it was a bad idea,鈥� he told Newton regarding the brief instance of oral sex, while emphasizing that the woman was demanding to have sex. 鈥淚 didn鈥檛 want to be a part of it, so I kind of stumbled back.鈥�

What the Crown couldn鈥檛 use听

Before the trial began, the Crown was prohibited from using the statements McLeod, Formenton, and Dub茅 had given Robitaille, Hockey Canada鈥檚 independent investigator, as part of the organization鈥檚 2022 probe. Superior Court Justice Bruce Thomas ruled last year the statements had to be excluded because of the 鈥渦nfair鈥� way in which they were obtained 鈥� the players faced a lifetime ban from Hockey Canada activities if they didn鈥檛 participate in the probe, but Robitaille didn鈥檛 tell them the police planned to get a warrant for those interviews.听

While reiterating that the woman was demanding to have sex with players, the men provided details to Robitaille they did not share with Newton in 2018. McLeod acknowledged he sent the text inviting players to his room, though he said it was at the complainant鈥檚 urging, while Dub茅 admitted to slapping her buttocks. And they also gave details about seeing what others were doing 鈥� like Dub茅 and Formenton both seeing Foote do the splits over the woman鈥檚 body, with Formenton saying Foote wasn’t wearing pants.听

At trial, Cunningham also fervently tried twice to get a text message from Howden admitted as evidence that she said provided 鈥渧ery critical corroboration鈥� for the complainant鈥檚 testimony that she was slapped on the buttocks and that it hurt 鈥� but both times Carroccia ruled against her because Howden had no memory of sending the text nor witnessing what he describes in it.听

The text in question, sent to Raddysh days after the alleged incident, referred to Dub茅 in the hotel room and would have been the piece of evidence that most closely aligned with the complainant鈥檚 testimony.

It read: 鈥淢an, when I was leaving, Duber was smacking this girl鈥檚 ass so hard. Like, it looked like it hurt so bad.鈥澨�