Toronto, Ontario — An Ontario Superior Court judge has dismissed the jury in the ongoing sexual assault trial involving five Canadian hockey players. The dismissal occurred on May 16, just a day after a note from a juror highlighted concerns regarding the conduct of two defense attorneys.

Justice Maria Carroccia made the decision following the juror’s report, which indicated that defense attorneys Daniel Brown and Hilary Dudding were perceived to be whispering and laughing, potentially about the jurors. The juror described this behavior as “unprofessional and unacceptable,” raising concerns about its impact on the jury’s impartiality.

In her statement, Justice Carroccia noted that she had not witnessed any such behavior and would have intervened had she done so. However, she acknowledged the potential influence of the jurors’ perceptions on the trial’s outcome. Given the high-profile nature of the case, she has taken responsibility for managing the proceedings herself moving forward.

Defense attorney Daniel Brown responded to the allegations, asserting that the situation was simply a case of two attorneys conversing without malicious intent. He emphasized that no defense lawyer would intentionally jeopardize their standing with jurors and insisted that conferring with colleagues during a trial is a routine practice.

The five accused players — Michael McLeod, Dillon Dubé, Carter Hart, Cal Foote, and Alex Formenton — face charges stemming from an alleged sexual assault that occurred in 2018 involving a then-20-year-old woman while they were members of Canada’s world junior hockey team. All five have pleaded not guilty to the accusations.

This dismissal follows complications earlier in the trial, when a juror reported being approached by attorney Dudding during a break, leading to the declaration of a mistrial. Initially viewed by the judge as a minor issue, the defense later argued that negative perceptions from the jurors warranted further actions.

With the dismissal of the jury, the case will now move forward with a new jury selected to hear the arguments and evidence. The trial is scheduled to resume next week as the complex legal proceedings continue to unfold.

The recent developments in this case highlight the challenges of maintaining a fair trial in highly publicized cases, particularly those involving prominent figures. As the trial progresses, attention will remain focused on how the restructured jury will respond to the evidence presented.

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