After mistrial, jury set in new sexual assault trial for 5 ex-major junior hockey players in London, Ont.

A new jury has been selected in London, Ont., for the trial of five former world junior hockey players who are facing charges of sexual assault against a woman in a hotel room back in 2018. The judge declared a mistrial earlier in the day, leading to the need for a new trial to be conducted.

The accused players, Michael McLeod, Dillon Dubé, Cal Foote, Carter Hart, and Alex Formenton, each face one count of sexual assault. McLeod also faces an additional count of being a party to an offence. During the proceedings, each of the five men stood with their defense teams and firmly stated “not guilty” in response to the court’s inquiry about their pleas.

The incident in question took place during the summer of 2018 at a London hotel following a gala celebrating the world junior hockey team’s gold medal win months earlier. The identity of the complainant, known as E.M. in court, is protected by a publication ban as is standard in sexual assault cases.

Superior Court Justice Maria Carroccia declared the mistrial after the initial jury selection earlier in the week. The reasons for the mistrial are subject to a publication ban. The process of selecting a new jury commenced promptly after the original jury was dismissed.

Judge Carroccia addressed the new jury, consisting of nine women, five men, and two alternates, instructing them not to discuss the case over the weekend or conduct any research on it, including reading or listening to news reports. She emphasized the importance of impartiality and urged jurors to set aside any biases they may have.

All five accused men have had careers in the NHL at one point. At the time the charges were announced, McLeod and Foote were with the New Jersey Devils, Dubé with the Calgary Flames, and Hart with the Philadelphia Flyers. Formenton was signed by the Ottawa Senators but was playing in Switzerland. Currently, Hart is not active in the sport, while McLeod and Dubé are playing in the Kontinental Hockey League (KHL). Foote played in a Slovakian hockey league this season, and Formenton has indicated he is working in construction in Barrie, Ont.

The trial proceedings are scheduled to commence on Monday morning, with the judge giving brief instructions on the jury’s responsibilities before the Crown presents its opening statements. Due to the federal election, court will only sit for half a day on Monday.