Technology glitches mar second day of testimony at Hockey Canada trial

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LONDON, Ont. — The Crown showed jurors a number of surveillance videos and at least one photo from social media during Tuesday’s proceedings in the Hockey Canada sexual assault trial, which were cut short by technical issues.

In a sweltering hot courtroom on her second day of testimony, London Police detective Tiffany Waque, the Crown’s first witness, played clips of videos that showed players from the 2018 Canadian World Juniors team and the complainant in the Hockey Canada sexual assault trial drinking, talking at the bar and dancing at Jack’s — a bar and nightclub on Richmond Street that is popular amongst university and college students.

The video clips from a June evening in 2018, prior to the alleged incident at the Delta Armouries Hotel, are the first pieces of evidence presented in the Crown’s case against the five defendants. Michael McLeod, Carter Hart, Alex Formenton, Dillon Dubé and Cal Foote are all facing sexual assault charges in connection with the alleged incident; all five players pleaded not guilty last week.

The complainant, then 20, alleges that she was sexually assaulted in the hotel following a Hockey Canada gala celebrating the team’s 2018 World Junior Championship run.

At multiple points during Waque’s testimony, the surveillance videos, many of which were not accompanied by sound, were paused to allow her to identify for the jury who was in the video and which camera angles from within Jack’s — the main bar, an auxiliary bar, the dance floor — captured the video. One of the first videos showed Brett Howden approaching the complainant at the bar; a short time after, he returned with McLeod. The complainant and McLeod could be seen on video talking and, at one point, taking a shot together. Later, in another silent surveillance video, Waque identified McLeod and the complainant dancing together amid a crush of other people and strobing lights.

In addition to surveillance video, Waque also showed jurors multiple videos from Drake Batherson and one from McLeod that show the players in various stages of revelry throughout their night at Jack’s — jumping, singing and dancing together.

One video showed Batherson, Howden and Cale Makar dancing to The Killers’ “Mr. Brightside” song. Another video showed Tyler Steenbergen and Makar with Chris Brown’s “Yeah 3x” in the background. A third video showed McLeod, Batherson, Howden, Foote and Maxime Comtois huddled in a semicircle, facing the camera, singing along to the song “Pursuit of Happiness” by Kid Cudi:

I’m on the pursuit of happiness and I know
Everything that shine ain’t always gonna be gold

Matt Maccarone, who was identified as a “sponsor but not part of the team,” was shown in multiple videos talking with players at the bar. Jurors also saw one video that featured Howden, McLeod and Jake Bean, the latter of whom was sitting on Maccarone’s shoulders.

The five players who are defendants in the case watched the videos from their respective defense tables.

There were multiple delays in Tuesday’s proceedings because of technical issues within the courtroom. Justice Maria Carroccia, who is presiding, explained that there was a piece of equipment that was “overheating” because of the temperature of the courtroom. Carroccia dismissed the jurors early for the day telling them:

“We’ve got no choice. We can’t get the equipment to work properly and … it’s very, very hot.”

— The Athletic’s Dan Robson contributed reporting remotely from Toronto.

(Photo by Peter Power / AFP via Getty Images)

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