Report: Jury dismissed in Hockey Canada sexual assault trial involving Carter Hart
Ontario Superior Court Justice Maria Carroccia alone will decide the case. The jury accused the defense's lawyers of unprofessionalism.
The Hockey Canada sexual assault trial took a turn on Friday as Ontario Superior Court Justice Maria Carroccia dismissed the 14 members of the jury for the remainder of the trial, according to multiple reports from news outlets in London, Ontario. The trial will now be adjudicated by Carroccia alone.
» READ MORE: Hockey Canada sexual assault case: What you need to know about Carter Hart's trial
Carroccia’s decision to dismiss the jury was a result of one juror handing a note to the judge alleging that the defense lawyers were acting unprofessionally toward the jury. The complaint came three weeks after a similar issue raised by a juror led to a mistrial being declared on April 24, and subsequently, the selection of an entirely new jury. The reason for the mistrial was not initially disclosed due to a court-ordered publication ban. That ban was lifted on Friday.
“Multiple jury members feel we are being judged and made fun of by lawyers [Daniel] Brown and Hilary Dudding,” the note said, according to TSN. Dudding and Brown are the lawyers for Alex Formenton, one of the five former NHL players charged with sexual assault. “Every day when we enter the courtroom they observe us, whisper to each other, and turn to each other and laugh as if they are discussing our appearance. This is unprofessional and unacceptable.”
Former Flyers goalie Carter Hart is one of the five players charged with sexual assault in connection with an incident that happened after a Hockey Canada banquet in June 2018. Dillon Dubé, Cal Foote, Formenton, and Michael McLeod are the four other players from Canada’s 2018 World Junior team who have been charged. All five defendants have pleaded not guilty. McLeod is charged with an additional count of sexual assault for aiding someone else in committing the offense.
According to court documents, a woman alleges that she was sexually assaulted in a London hotel room on June 19, 2018, by eight members of the team after meeting some of the players at a local bar earlier in the night.
Both the London police department and Hockey Canada opened investigations into the alleged sexual assault in June 2018. London police closed their initial criminal investigation in February 2019, and Hockey Canada ended its inquiry the following year.
In April 2022, the woman filed a lawsuit against Hockey Canada, the organization that oversees Canadian junior hockey, and eight players from Canada’s 2018 World Junior team, seeking $3.55 million in damages. One month later, Hockey Canada settled the lawsuit for an unspecified sum.
Police later reopened the investigation and charged the five players with sexual assault in February of last year. The trial began with jury selection on April 22.
» READ MORE: Carter Hart pleads not guilty at Hockey Canada sexual assault trial
Friday’s development came after the defense’s lawyers raised questions about whether the jury could maintain impartiality, given a juror had submitted a note alleging unprofessionalism from the defense.
Megan Savard, Hart’s attorney, reportedly said in court that Thursday’s incident was “a worse case of jury tainting than the last time around.”
According to TSN, if the prosecution had opposed the defense’s motion to move forward without a jury, the woman who alleges she was sexually assaulted might have had to testify publicly for a second time. A new trial would also have meant the defense could cross-examine the woman on her previous testimony as well.
The woman completed her testimony Wednesday after nine days on the stand.
The 26-year-old Hart, who has not played for the Flyers since Jan. 20, 2024, became a free agent this past summer and is no longer under contract with the team. Tyler Steenbergen, another member of the 2018 Canada team, testified Wednesday that he observed Hart receive oral sex from the woman in a hotel room on that June 2018 night. The woman alleges that she did not consent to that act or various others involving the players.
The trial will resume without a jury, and Carroccia will be responsible for the verdict after hearing the evidence presented.
Inquirer reporter Jackie Spiegel contributed to this article.