What goes into preparing a complainant for cross-examination

Defence lawyers in the sexual assault trial of five former world junior hockey players have been grilling the complainant, known as E.M., in London, Ont. It has been noted that she was well prepared for the proceedings, which has been ongoing for several days. The accused players, Michael McLeod, Alex Formenton, Carter Gart, Dillon Dubé, and Cal Foote, all pleaded not guilty to the allegations of sexual assault that occurred in June 2018 at a hotel in southwestern Ontario.

The defence lawyers have been cross-examining E.M. about her past accounts of the night in question. This type of preparation for lengthy cross-examinations begins long before the trial, according to legal experts. Witnesses like E.M. need to start preparing weeks or even months in advance, especially if there is a significant amount of evidence to review, such as previous statements or affidavits.

Toronto-based lawyer Jacob Jesin compared preparing a witness for cross-examination to studying for exams in university. He emphasized the importance of reviewing materials and conducting mock examinations to ensure the witness is ready for the courtroom setting. Keeping answers brief and maintaining composure are key aspects of witness preparation, as emotions can run high during a trial.

Dawne Way, a lawyer who often represents sexual assault complainants, also stressed the importance of preparing witnesses for the intensity of cross-examination. She conducts mock examinations to help witnesses practice their responses and advises them to be mindful of their body language and choice of wording.

However, there is a risk of over-preparing a witness, which can make their responses sound rehearsed and less believable. Christopher Sherrin, a law professor, warned against excessive preparation, as it can backfire during the trial. It is essential for witnesses to have strong support systems in place, such as family, friends, or therapists, to help them navigate the trial process.

In conclusion, witness preparation for lengthy cross-examinations in a sexual assault trial is a delicate process that requires careful planning and consideration. While thorough preparation is crucial, there is also a danger of over-preparing, which can impact the credibility of the witness. Finding the right balance is key to ensuring that the witness is ready to face the challenges of the courtroom and effectively convey their testimony.