Mistrial in hockey sexual assault case, new jury to be selected
A mistrial was declared by the judge overseeing the trial of five former NHL players accused of a 2018 sexual assault and the jury was dismissed on Friday.
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LONDON, Ont. — A mistrial was declared by the judge overseeing the trial of five former NHL players accused of a 2018 sexual assault and the jury was dismissed on Friday.
Superior Court Justice Maria Carroccia made the ruling in front of a jury. A publication ban prevents us from citing the reasons for the mistrial. The trial continues with selection of a new jury on Friday.
In Canadian law, a mistrial is declared when it is “necessary to prevent a miscarriage of justice,” according to the Canadian Legal Information Institute. This can happen when there is a chance the trial will be perceived as “unfair, or when the trial has the appearance of unfairness, viewed by a well-informed, reasonable person” considering the circumstances. During the ruling for a mistrial, the judge’s decision hinges on whether “there is a real danger that trial fairness has been compromised.”
On Wednesday, Carroccia told the jury that “something happened over the lunch hour that I need to think about and to discuss with the lawyers” before excusing the jury for the day. More details about the incident were not disclosed to the jury.
Earlier on Wednesday, the Crown’s opening statement laid out a roadmap of the evidence that is expected to be presented during the trial and that the case will largely hinge on consent.
Michael McLeod, 27, has been charged with two counts of sexual assault, including one relating to aiding in the offence. Dillon Dube, 26, Cal Foote, 26, Alex Formenton, 25, and Carter Hart, 26, have each been charged with one count each of sexual assault. All of the players have pleaded not guilty.
The trial is expected to last up to eight weeks.
