A judge in Ontario has determined that there is no evidence to suggest that a former member of Canada’s national junior hockey team was being dishonest about his memory lapses while providing testimony at the trial where five of his ex-teammates are facing charges of sexual assault.
The prosecution aimed to question their witness, Brett Howden, on multiple aspects of his testimony that they claimed contradicted his prior statements. They argued that Howden was pretending to have memory issues regarding details that could implicate his friends.
The prosecutors contended that Howden conveniently remembered certain actions by the complainant but conveniently forgot other critical details that could be damaging to his friends and teammates.
The defense pushed back, asserting that Howden’s memory lapses were genuine and that most of the highlighted details by the prosecution were not inconsistencies.
After reviewing the case, Ontario Superior Court Justice Maria Carroccia concluded that there was no evidence to suggest that Howden was faking his memory loss or being insincere about his recollection of events and past statements.
The judge noted that Howden, when given the opportunity to review his previous statements to refresh his memory, acknowledged that he currently had no recollection but affirmed the accuracy of his earlier statements.
The Crown was granted permission to proceed with cross-examining Howden on four specific inconsistencies out of the 18 points raised. Additionally, the prosecutors planned to introduce Howden’s statements and texts from 2018 as past recollections.
The defendants, Michael McLeod, Dillon Dube, Alex Formenton, Carter Hart, and Callan Foote, have pleaded not guilty to the charges of sexual assault stemming from an incident at a hotel in London, Ontario, in June 2018.
The prosecution alleges that McLeod, Hart, and Dube engaged in sexual acts with the woman without her consent, while Foote and Formenton are accused of similar offenses. The woman testified feeling pressured and scared during the encounter.
Throughout the trial, the woman described feeling coerced into engaging in sexual activities and being in a state of shock. Defense attorneys suggested that she was willing and even encouraged the activities.
Howden, now playing for the Vegas Golden Knights in the NHL, testified via video conference, recounting his version of events at the hotel room where the incident occurred.
Various inconsistencies in Howden’s testimony have been highlighted by the Crown, including his reaction to certain actions during the event. The prosecution intends to challenge his account regarding specific interactions with his teammates.
The Crown also sought to question Howden about his recollection of emotional states and interactions during the incident, as well as his communication with other players afterward.