LONDON, Ontario — In a trial involving five former NHL players accused of sexual assault, intensive questioning continued Monday as the alleged victim faced scrutiny from defense attorneys regarding her delayed disclosure of the incident. The woman, referred to as “E.M.” due to a publication ban, participated in the proceedings remotely via CCTV during her sixth day of cross-examination.
E.M. recounted her emotional state after leaving the Delta Armouries hotel on June 19, 2018, revealing that she called her best friend in distress, crying over the events that transpired. Defense attorney Lisa Carnelos, representing Dillon Dube, pressed for clarification on why E.M. appeared to maintain a casual conversation with a co-worker shortly after, while not immediately addressing the incident with her friend.
In one of those texts, E.M. downplayed her feelings, responding, “I think I was just being overdramatic earlier but I’m good.” Carnelos aimed to highlight inconsistencies in E.M.’s narrative, questioning why she did not detail the alleged assault to her friend at that moment.
E.M. explained her conflicting emotions, stating, “I was in between ignoring it and pretending it didn’t happen. I’d never gone through something like that before.” She expressed feelings of shame and embarrassment, recounting how she felt belittled by the alleged attackers, who laughed at her throughout the night.
On June 22, 2018, days after the incident, E.M. texted her friend to share that she had visited both the police and a hospital. E.M. noted that her friend’s shocked response reflected the surprise stemming from the prior sugary tone of her messages.
While discussing her earlier text that humorously referred to the accused as “high-up hockey players,” E.M. clarified that her use of laughter in such a serious situation stemmed from disbelief over the gravity of the circumstances.
Earlier in the trial, defense attorney Daniel Brown, representing Alex Formenton, completed his examination by suggesting E.M. initiated an encounter with Formenton in the washroom. E.M. maintained that she was simply using the bathroom when someone followed her in. Brown further inferred that E.M. may have felt wronged because no one escorted her home that night.
“I felt disrespected the whole night,” E.M. responded, countering Brown’s suggestion that she felt scorned. She expressed her discomfort about the lack of support following a distressing incident.
When E.M. initially reported the matter to law enforcement, she voiced concerns about potential recordings of the incident. “I was in such a horrible situation; I didn’t want to see that,” she stated.
Charges against the defendants include two counts of sexual assault against Michael McLeod, 27, and single counts against Dube, 26, Cal Foote, 26, Alex Formenton, 25, and Carter Hart, 26. All defendants have pleaded not guilty.
Cross-examination will continue with attorney Juliana Greenspan, representing Foote, when the trial resumes on Tuesday at the Ontario Superior Court of Justice. After the completion of cross-examination, the prosecution will have an opportunity for redirect to clarify any points raised during the defense’s questioning.
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