A judge is allowing five former NHL hockey players charged with sexual┬аassault in a case that dates back┬аto when they were with Canada’s world junior team┬аto skip the pretrial legal arguments for┬а“compelling economic reasons.”
In an August ruling made public Thursday, the first day of the pretrial motions in London, Ontario Superior Court Justice Bruce Thomas granted an application from the lawyers for the accused тАФ Michael McLeod, Carter Hart, Alex Formenton, Dillon Dub├й┬аand Cal Foote┬атАФ┬аto let┬аthem┬аto miss the 29 scheduled court days. During those proceedings,┬аlawyers will discuss what evidence will and won’t be presented to a jury.┬а
“The applicants have each provided an affidavit wherein they acknowledge the importance of the proceedings and waive the necessity of attending the hearings,” Thomas wrote. “It is clear each of the applicants has a need to work or find work not only to sustain themselves, but to pay their expenses, which at this point┬аinclude legal fees.”┬а
The charges are┬аtied to an alleged group sexual assault of a woman in a player’s hotel room┬аfollowing a┬аHockey Canada Foundation gala and golf event on June 19, 2018. The identities┬аof the woman as well as two witnesses are also protected under a publication ban.
The men, through their lawyers, have indicated they will plead not guilty and have opted for a jury trial, which is scheduled to start in September 2025.┬а
In his┬аreasons for allowing the players to not appear in court for pretrial arguments, Thomas wrote┬аall five were “skilled junior hockey players” who stopped playing after being charged with the sexual assault earlier this year. “They are unable to play in the National Hockey League at this point,” the judge wrote.┬а
- McLeod and Dub├й┬аhave signed contracts in the Kontinental Hockey League (KHL) in Kazakhstan and Belarus, the judge said. “The travel required by the league and the time zone differences make it extremely difficult to participate in these pre-trial applications,” Thomas wrote.┬а
- Foote and Hart aren’t playing, but “have indicated that their training must continue at a high level if they are to have some hope of continuing as professional hockey players,” the judge wrote. Foote lives in Denver and Hart lives in Alberta, but wants to move to Nashville, Tenn.,┬аThomas said.┬а
- Formenton┬аlives in Barrie, Ont., and┬аhas “moved on from a hockey career,” the court documents state, but is working full time in construction and getting “ongoing training in the operation of heavy equipment as well as the administration aspects of his new trade.”┬а
The Crown did not argue against granting the players their applications, but noted it is a “significant accommodation.”┬а
At the time they were charged┬аearly this year,┬аMcLeod and┬аFoote┬аwere with┬аthe New Jersey Devils, Dub├й┬аwas with┬аthe Calgary Flames and Hart was with┬аthe Philadelphia Flyers. Their NHL contracts expired in July. Formenton┬аwas playing in Switzerland.
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David Humphrey, a lawyer representing ex-Canadian world junior hockey player Michael McLeod, says his client will not be appearing in a London, Ont., court as it hears pretrial arguments in a sexual assault case.
They waived their right to a preliminary hearing, which has sped up the court process. There have been several court hearings since the players were charged, with their lawyers appearing on their behalf.
They face one count each of┬аsexual assault; McLeod┬аalso faces┬аone count of being party to the offence.
Each man has “committed to personally attending each day of their trial,” the court documents released Thursday state, and their non-attendance at the pretrial motions won’t delay any proceedings.┬а
“I am content that the applicants understand the seriousness of the allegations they face and the right they are giving up,” Thomas wrote. “I have exercised my discretion to allow each of the applicants to be absent from the upcoming pretrial applications with the exception of those where oral testimony will be heard.”
The attendance issue might be revisited in the future, he added.┬а
Outside court on Thursday, McLeod’s lawyer, David Humphrey, said his client “will be very vigorously defending this case” and “has always taken the position that he is not guilty of any wrongdoing.”┬а
“He’s a professional hockey player. That’s how he makes his living. Like any person facing a criminal allegation, he’d like to continue making a living and it’s also the fact that professional hockey careers can be short and he’d like to extend his career as long as he can.”┬а
