EDITOR’S NOTE: This story contains details that may be graphic. Reader discretion is advised.
Carter Hart, one of five members of Canada’s 2018 world junior hockey team accused of sexual assault, “assumed” an invite by a teammate for a threesome was just that, court heard Friday.
Hart, once a member of the NHL’s Philadelphia Flyers, was facing questions from Crown prosecutor Meaghan Cunningham inside a London, Ont., courtroom after he took the stand in the high-profile trial Thursday.
Hart, Michael McLeod, Alex Formenton, Dillon Dube and Callan Foote have pleaded not guilty to sexual assault stemming from what the Crown alleges was non-consensual group sex with a 20-year-old woman in McLeod’s London hotel room in June 2018.
McLeod has also pleaded not guilty to an additional charge of being a party to the offence of sexual assault.
Crown prosecutors rested their case Thursday after their last witness, retired London police Det. Steve Newton, finished his testimony Wednesday.
Lawyers for each of the five men can put forward witnesses or call evidence — but McLeod’s lawyer said he would not be calling evidence because McLeod’s police statement in 2018 was shown to court this week.
However, Megan Savard, Hart’s lawyer, called her client to the stand Thursday.
Hart says he assumed threesome invite was ‘agreed-upon’ plan
Cunningham asked Hart on Friday about his level of intoxication, a text message he said he received from McLeod about a threesome and his account of what happened in McLeod’s room.
Court has heard the team was in town for events marking its gold-medal performance at that year’s championship, and the complainant, known as E.M. in court documents, was out with friends when they met at a downtown bar on June 18, 2018.
After being with McLeod and his teammates at the bar, E.M. would go on to have consensual sex with McLeod in his room in the early morning hours of June 19. Court has heard E.M., who testified she was drunk and not of a clear mind, was in the washroom after she had sex with McLeod and came out to a group of men in the room allegedly invited for a “3 way” by McLeod in a group chat.
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It was then the Crown alleges that several sexual acts took place without E.M.’s consent.
Hart told court he received a group text from McLeod with the invite, and said he had a phone call with him. Cunningham suggested that Hart must’ve known the invitation wasn’t just for himself.
Hart insisted he didn’t interpret the message as an invitation for the team to have sex with E.M., and agreed with Cunningham that he “assumed” it was an “agreed-upon” plan with McLeod and E.M.
“Most people don’t send out a text if you have a person who is not agreeing to it,” Hart said.
Hart would later agree with Cunningham he was “putting a lot of faith in your friend, Mr. McLeod, to set something up that was morally acceptable to you.”
Hart ‘pretty confident’ he was first to have sex with E.M.
When he was in the room, Hart said E.M. was asking the players to have sex with her, and he chose to ask for oral sex because he did not want to have intercourse.
Hart said the oral sex was “consensual” and brief because it was “weird.” Hart said he was single at the time, and E.M. was annoyed at one point when guys weren’t taking her up on her offers. Court has heard many of the players were in relationships at the time.
Hart said Friday he was extremely drunk that night and given how much time had passed, he had trouble remembering specifics of what unfolded.
Hart said his first memory of the woman is seeing her masturbating on a bed sheet on the floor of the room, and he doesn’t remember speaking to her or asking the others in the room any questions before then.
Cunningham pressed Hart on these “memory gaps” and suggested he believed he was the first to receive a sexual act from E.M. as court has heard, but did not know for certain.
Hart said despite that, he was “pretty confident” he was the first; he also said he had no memory of how E.M. ended up on the bed sheet.
Hart said he couldn’t respond when Cunningham asked if someone asked her to touch herself, but said it felt like “she was getting pleasure” from them watching her.
Cunningham asked if the fact she appeared to be getting pleasure meant no one could have asked her or told her to masturbate before it started.
Hart said he had a hard time agreeing with that, and that throughout the night “she was the one who asked guys to do stuff with her continuously.”
E.M. testified she was naked, drunk and afraid when men she didn’t know suddenly started coming into the room. She went on “autopilot” as a coping mechanism as she engaged in sexual acts, she said.
Defence lawyers have suggested E.M. wasn’t as drunk as she has testified she was, wanted a “wild night” with the players, was “egging” them on to have sex with her and accused her of having a “clear agenda” at the trial.
E.M. has pushed back against those claims in a several-days-long cross-examination and at points outright rejected them, saying she was coaxed into staying in the room, was disrespected and was taken advantage of by the group who she said “could see I was out of my mind.”
The high-profile trial, which has seen two juries dismissed since it began in late April and is proceeding by judge alone, is expected to continue into June.
— with files from The Canadian Press
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