Hockey Canada sexual assault trial: Critical evidence for Crown ruled inadmissible for lack of 'reliability'

A judge has ruled that a key piece of evidence in the Hockey Canada sexual assault trial cannot be used. Justice Maria Carroccia made the decision Monday morning, saying the text message from Brett Howden does not meet the court’s reliability standards.

The message was sent on June 26, 2018, from Howden to teammate Taylor Raddysh.

“Dude, I’m so happy I left when all that sh– went down," Howden wrote. "Ha, ha … Man, when I was leaving, Duber was smacking this girl’s ass so hard. It looked like it hurt so bad.”

The judge said the message cannot be used because it is hearsay and unreliable.

“I have concerns regarding the accuracy of the statement,” said Carroccia.

She explained that the text was not made under oath, and Brett Howden was “scared,” “nervous” and “not attempting to be factual” when he sent it.

This was the Crown's second attempt to have the message admitted. A previous application to use it as “past recollection recorded” was also denied.

The Vegas Golden Knights player testified that he no longer remembers the event described in the message. But, he told Crown attorney Meaghan Cunningham that he believed he was being truthful at the time.

“I had no reason to lie,” he said.

The case involves five players from the 2018 junior hockey team. The complainant - identified in court as E.M. - says the players sexually assaulted her over several hours in a hotel room in London, Ontario. The incident allegedly happened during a Hockey Canada event in June 2018.

The Crown alleges that several players took part in non-consensual acts involving E.M.

E.M. told the court that the players spat on her, slapped her, and treated her in an inhumane way. She said they pressured her into sexual acts she did not agree to. Each of the five accused players has denied the charges and pleaded not guilty.

Brett Howden is giving evidence as a witness for the Crown. He is still on the witness stand and is expected to face more questions from the defense lawyers in the coming days.

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Brett Howden described fear and stress during 2018 Hockey Canada incident

Brett Howden testified by video in the Hockey Canada sexual assault trial on Thursday. He said the situation caused him stress in 2018. He was scared to tell his father and found it hard to speak to his family and girlfriend.

"Yeah, very (scared of dad). That was one of the hardest things to go through, telling my family." Howden said. "It all wasn’t easy."

Howden said his primary concern was what Hockey Canada would think about a woman in the room. He also said he did not think much about anything else then.