NHL legal analyst Eric Macramalla shared his insights on the not guilty verdict handed to five former members of Hockey Canada’s 2018 World Junior team.
Michael McLeod, Carter Hart, Alex Formenton, Dillon Dube and Callan Foote were all acquitted of sexual assault charges on Thursday. The judge ruled that the prosecution failed to prove its case beyond reasonable doubt.
Macramalla, who followed the trial closely on the "First Up" podcast, said the outcome didn’t come as a surprise.
"The outcome was predictable," Macramalla said. "The more I went through the testimony that was offered up in court. That is the direct examination of the complainant… and then Carter Hart's testimony directing cross as he I went through all of it.
“I'm like, I don't see there being any scenario where the crown can prove these criminal charges beyond a reasonable doubt.”
In Canadian law, that standard is exceptionally high. Macramalla emphasized that the judge, Justice Carroccia, leaned heavily on this principle.
“The prosecution had to convince the judge that she would be certain that the players committed unlawful criminal activity, that you have to be certain of their guilt,” Macramalla said.
One pivotal point, according to Macramalla, was around the issue of consent. He described one example involving Formenton, where the complainant allegedly led him to a bathroom and engaged in sexual activity. The defense argued that it indicated consent.
“Why am I being criminally charged here when she's the one that led me to the washroom? Macramalla said.
Macramalla also noted the unusually direct tone in the judge’s ruling.
“She's like EN (complainant)," Macramalla said. "Was not credible. She was not reliable. And what she meant by that was she was contradicting herself during her testimony.”
The judge went through each player one by one, pointing out reasonable doubt in every case. She repeated it over and over, highlighting that the prosecution didn't meet the standard needed for a conviction.
Reporter: Former Hockey Canada players' 'absolute relief' after years-long ordeal
Hockey reporter Rick Westhead discussed the emotional toll the long legal process took on the five former players from Hockey Canada’s 2018 World Junior team. The players endured a grueling and prolonged legal process spanning nearly seven years.
“It's been kind of going through the criminal and the Hockey Canada investigative process almost days after this incident back in June 2018," Westhead said on Thursday (3:30), via TSN's "Overdrive." "So I think, I think if you had to pick one word to sum up how these guys are feeling, it's absolute relief.”
Daniel Brown, the lawyer who represented Alex Formenton, elaborated on the immense challenges his client faced over the past seven years.
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