Report: Major development in 2018 World Juniors case in day 2 of court proceedings

Charged with one count each of sexual assault are former NHLers Dillon Dube, Cal Foote, Carter Hart and Alex Formenton. Michael McLeod has been charged with two counts of sexual assault, including one relating to aiding someone else in the offence. All defendants plead 'Not Guilty'.

Yesterday, the court heard graphic descriptions of the alleged assaults that took place. Namely, Formenton and McLeod are accused of having vaginal sex with the victim without her consent, McLeod, Carter Hart and Dillon Dube are alleged to have obtained oral sex without the victim's consent, Dube is also accused of slapping the victim's behind without her consent and Cal Foote is accused... essentially... of "tea bagging" the victim without her consent. That is, where he 'grazes' his genitals over her face.

More from TSN investigative reporter Rick Westhead:

Lawyers also painted a detailed picture of how the evening began and how quickly things got out of hand.

Full details from Westhead's report for TSN:

Donkers told the jury that on June 18, 2018, E.M., who was then 20, went out to Jack’s Bar in London with a group of friends and consumed about eight alcoholic drinks over the course of the evening. While she was at the bar, McLeod and Dube were among the hockey players who surrounded E.M. on the dance floor, Donkers said.

Shortly after 1:20 a.m., McLeod and E.M. left the bar together and went to McLeod’s room – Room 209 – at the Delta Armouries Hotel in London where the hockey players were staying. Donkers said E.M. and McLeod engaged in consensual sex.

“Soon after that sexual act ended, the atmosphere in the room changed,” Donkers said. “[E.M.] will testify that she observed Mr. McLeod on his phone and she believed he was messaging people, but she did not know who or what he was messaging.”

Donkers said the jury would see copies of those text messages, “which include messages Mr. McLeod sent to his teammates in a group chat asking ‘who wants to be in a 3 way quick. 209- mikey.’”

“You will also hear that Mr. McLeod went into the hallway and invited people into his room, where [E.M.] still lay, naked, under the covers of the bed,” Donkers said. “Before long, more and more men began arriving in room 209. There were up to 10 men inside this standard-sized hotel room at different points in the night.”

Donkers said E.M. will testify that she felt drunk, surprised by what was happening, and uncertain how to react.

“You will hear from some witnesses that, at different times in the night, [E.M.] was offering to perform sexual acts or was asking whether anyone was going to have sex with her,” Donkers said. “And you will hear from [E.M.] that throughout the night, she was going along with what the men in the room wanted — what she felt that they expected of her — because she was drunk, uncomfortable, and she did not know what would happen if she did anything else.”

Donkers said that McLeod, Hart and Dube obtained oral sex from [E.M.], that without her consent, Dube slapped [E.M.] on her naked buttocks while she was engaged in a sexual act with someone else, that, without her consent, Formenton had vaginal sex with [E.M.] in the bathroom, and that without her consent, Foote “did the splits over [E.M.]’s face while she lay on the ground, grazing his genitals over her face.”

“We anticipate you will hear evidence that at the end of the night, Mr. McLeod sexually assaulted [E.M.] once more by vaginally penetrating her without her consent,” Donkers said.

“…We anticipate you will hear [E.M.] testify that when she was in this hotel room, at age 20, intoxicated, and a group of large men that she did not know were speaking to each other as if she were not there, and then they started telling her to do certain things, she did not feel that she had a choice in the matter. On occasion, she tried to leave the room, but the men coaxed her into staying. And so, she found herself going through the motions, just trying to get through the night by doing and saying what she believed that they wanted.”

Donkers said jury members would hear testimony about two brief videos that were taken by McLeod of [E.M.] towards the end of the night, in which [E.M.] made statements including “it was all consensual.” 

Interestingly enough court was adjourned for lunch and when court resumed, Judge Marria Carroccia said, “Something happened over the lunch hour that I need to think about and to discuss with the lawyers."

It's unclear exactly what transpired, but I'm wondering if a plea deal is being reached? Is one of the five guys stepping forward?

Among the witnesses expected to be called are former teammates and current NHLers Cale Makar, Robert Thomas and Drake Batherson.