New jury selected after mistrial in hockey sexual assault case
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 jury of nine women and five men was chosen Friday in the trial of five former NHL players charged in an alleged 2018 sexual assault after a mistrial was declared.
Superior Court Justice Maria Carroccia made the mistrial ruling. A publication ban prevents the media from citing the reasons for the mistrial.
In Canada 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.”
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 of sexual assault. All of the men have pleaded not guilty.
The trial is expected to resume with a half day on Monday because of the federal election, and is expected to last up to eight weeks.
