A brand new jury was chosen in London, Ont., on Friday for the trial of 5 former world junior hockey gamers accused of sexually assaulting a girl in a lodge room in 2018.
Earlier within the day, the choose declared a mistrial, establishing the necessity for the brand new trial.
Michael McLeod, Dillon Dubé, Cal Foote, Carter Hart and Alex Formenton every faces one depend of sexual assault. McLeod faces an extra depend of being a celebration to an offence.
For the second time this week, the 5 males every stood in flip together with his defence group and firmly mentioned, “not responsible,” when requested by the court docket for his or her pleas Friday afternoon.
The case dates again to the summer season of 2018, whereas they have been at a London lodge following a gala celebrating the world junior hockey group’s gold-medal win months earlier.
The complainant’s id is recognized in court docket as E.M. and it is coated by a publication ban — which is customary in sexual assault circumstances.
Superior Courtroom Justice Maria Carroccia declared the mistrial after the trial opened Tuesday, when the preliminary jury was chosen. Causes for the mistrial are coated beneath a publication ban. The method to decide on new jurors started instantly after the unique jury was thanked by the choose and dismissed.
“On the finish of this case, it is going to be your accountability to think about the proof and my directions, and resolve whether or not the accused are responsible or not responsible of the crimes of which they’re charged,” Carroccia informed the brand new pool of about 200 potential jurors earlier than the ultimate ones have been chosen. “You’ll be liable for figuring out if the guilt of [the accused] has been confirmed past an inexpensive doubt.”
Choose tells jurors to not focus on case this weekend
Carroccia informed the brand new jury — which has 9 ladies, 5 males and two alternates — to not communicate to anybody in regards to the case over the weekend or do any analysis about it, together with listening to or studying information studies.
“Do not focus on with anybody something about this case. You possibly can say I have been chosen as a juror, however that is it,” she mentioned.
“If something occurs that causes you concern over the weekend, put it down in writing, put it in an envelope and provides it to a court docket officer on Monday to offer to me. Do not focus on it amongst yourselves.”
All 5 accused males at one time have been within the NHL.
On the time the fees have been introduced, McLeod and Foote have been with the New Jersey Devils, Dubé was with the Calgary Flames and Hart was with the Philadelphia Flyers. Formenton was signed by the Ottawa Senators however was taking part in in Switzerland.
Hart is not at the moment within the sport, however McLeod and Dubé have been taking part in with Kontinental Hockey League (KHL) groups. Foote performed in a Slovakian hockey league this season and Formenton has indicated he is working in building in Barrie, Ont.
Proceedings set to begin Monday morning
Potential jurors have been every requested by the choose if they’ve learn pretrial publicity in regards to the case and if they might have the ability to put it out of their minds and stay unbiased when listening to the proof.
They’re have been additionally requested in the event that they know anybody related to the case, in the event that they’ve had a earlier connection to sexual assault or if they’ve destructive views of hockey gamers that might forestall them from remaining neutral in the course of the trial.
“You could put aside any biases to evaluate the proof introduced at trial pretty. Bias has no place in a trial,” Carroccia informed the potential jurors. “Impartiality requires that you simply concentrate on your individual private experiences and be equally open to the views of others … Will probably be your obligation to establish and put aside any biases and prejudices you will have to render a call on this case.”
The proceedings are set to start Monday morning, when the choose will give transient directions in regards to the jury’s tasks after which the Crown will make opening statements. Courtroom will solely sit for half a day due to the federal election.
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