A woman told a judge on Monday she felt like she had an 鈥渙ut-of-body experience鈥 when 海角社区官网city Coun. Michael Thompson applied sunscreen to her buttocks and breasts as she lay on a chair on a dock at a Muskoka cottage two summers ago.
She and her friend are alleging they were sexually assaulted by the 64-year-old politician on the 2022 Canada Day long weekend.
He has pleaded not guilty in an increasingly testy trial at the courthouse in Bracebridge, Ont., about a half-hour鈥檚 drive from the Port Carling cottage where the alleged incidents took place.
On Monday, defence lawyer Leora Shemesh told the judge she plans to ask that the Crown attorney be removed from the case over alleged misconduct 鈥 a claim prosecutor Mareike Newhouse called 鈥渕anifestly frivolous,鈥 鈥渨rong-headed鈥 and a delay tactic.
Shemesh said she will also ask that the sex assault charge related to the witness who testified Monday be stayed.
The woman, who cannot be identified, told court Monday she was introduced to Thompson at a bar in Yorkville in the spring of 2022 when she was in her early 30s, living in 海角社区官网and working with young entrepreneurs. She had spent time at city hall, so was aware he was deputy mayor and was 鈥渆xcited鈥 when 鈥渉e expressed there might be an opportunity鈥 for her to do some consulting work on a youth hub project he was working on.聽
Later, she accepted his cottage invitation, believing it would be a 鈥済ood opportunity to meet more people in city hall circles.鈥
She brought a friend 鈥 the other complainant 鈥 and when they arrived at the cottage thought it was 鈥渙dd鈥 to find only Thompson alone with a young woman 鈥渨ho looked 21 to me at most.鈥 (That woman, a student who testified earlier at trial, was 22 that summer.)
Almost immediately, the witness said Thompson offered the new arrivals alcohol and, learning they liked tequila, left to buy some at a liquor store.
鈥淚t seemed very important to him that we have drinks,鈥 she said. She also spotted eight or 10 joints in a small dish 鈥 an indication of 鈥渢he nature of the weekend being other than what I might have expected.鈥
After Thompson returned with the tequila, more drinks were had and the witness said while she and the two other women lay on lounge chairs on the dock, he asked if he could rub lotion on her back.
But, she testified, he proceeded to also apply it underneath her bikini bottoms 鈥 鈥渙n, like, my cheeks 鈥 and then down my legs as well,鈥 she said.
鈥淗ow did you feel as he was doing that,鈥 Crown attorney Mareike Newhouse asked the woman.
鈥淭o be honest, it was a bit of an out-of-body experience, I think I just disassociated a little bit, it was uncomfortable,鈥 she said before trailing off.
鈥淗ad you asked for him to do that?
鈥淣辞.鈥
鈥淒id he say anything to you as he was doing it?鈥
鈥淚 believe at some point that he asked if it was OK, and I can鈥檛 recall if I nodded or said yes.鈥
鈥淲as it OK with you at the time in your own mind?
鈥淚 think I didn鈥檛 feel I had another choice to navigate the situation,鈥 she said, pausing before adding: 鈥淪o, no.鈥
Asked by Newhouse to explain further, the witness said she was intoxicated after having about six or seven drinks, and 鈥渋t was just easier to say 鈥榶es,鈥 and, then the situation is over and I鈥檓 not making it uncomfortable for anyone, I鈥檓 not creating a scene. I鈥檓 at a stranger鈥檚 cottage in the middle of nowhere 鈥 I can鈥檛 leave.鈥
She added: 鈥淚 really just felt sort of a little bit numb.鈥
Newhouse revisited the witness鈥檚 answer that 鈥渁t some point鈥 she told him it was OK.
鈥淒o you recall at what point it was in relation to the action he was taking that he asked you if it was OK?鈥 Newhouse asked.
鈥淚t was after he had already touched me below my bathing suit,鈥 she responded.聽
鈥淐an you recall what he was doing when he asked you if it was OK?鈥
鈥淢assaging me, like on my 鈥 bottom 鈥 under the guise of applying sunscreen,鈥 she said.聽
Do you recall whether he touched any other part of your body?
鈥淗e asked me to turn over, which I did, then he proceeded to apply sunscreen to my breasts as well,鈥 by reaching 鈥渦nder my bathing suit.鈥
The experience again was otherworldly, she said. 鈥淚 felt like I was watching myself from above,鈥 she said.
Did you want him to be touching your breasts, buttocks or calves this way?聽
鈥淣辞.鈥澛
It鈥檚 rare for a Canadian politician 鈥 let alone one still holding office 鈥 to stand trial on
Later Monday afternoon, Shemesh cut her cross-examination short, telling Ontario Court Justice Philop Brissette she plans to ask that Newhouse be removed as prosecutor and the charge involving the sunscreen be dropped.
During a virtual meeting last week, Newhouse showed the woman cellphone photos of her on the dock with her friend after the alleged sexual assault took place. They were taken by the student who provided them to the court while she was on the stand.
This ended up 鈥渢ainting鈥 the woman鈥檚 evidence, Shemesh alleged Monday.
Newhouse 鈥渄id that to ensure the complainant 鈥 was better prepared,鈥 Shemesh said, 鈥渢hat is not how Crown counsel are to conduct themselves.鈥
Newhouse was incensed.
She told the judge she had done nothing inappropriate, and that Shemesh鈥檚 suggestion was 鈥渁nd without any basis in law.鈥
鈥淭here is absolutely no foundation for that frankly inappropriate submission that there鈥檚 been any kind of misconduct,鈥 she said. 鈥淚t seems to me this is nothing more than a thinly veiled attempt to cause delay in these proceedings.鈥
The trial is being heard spread out over a number of days and is set to resume Friday.
