Warning: coverage of the Hockey Canada trial includes graphic details of alleged sexual assault that may be disturbing to readers.

The jury presiding over the sexual assault trial of five former members of Canada’s 2018 world junior team was discharged.

The presiding judge, Justice Maria Carroccia, told the jury the news in a London, Ont., courtroom Friday morning.

"I have determined in this case that it is appropriate to discharge the jury,” Carroccia said to the jury. “I know that you have invested four weeks in this trial. You have the thanks of myself, court staff and counsel. You are free to go.”

The trial will move ahead without a jury and continue by judge alone, meaning that Carrocia, not a jury, will deliver the verdict.

Following the ruling by Carroccia, the defense lawyers for Alex Formenton, Daniel Brown and Hilary Dudding, provided a joint statement to the media.

“This was a regrettable development for Mr. Formenton. He had very much wanted to be tried by a jury of his peers and has now lost that opportunity,” the statement said.

 “We, his counsel, found ourselves involved in the unusual chain of events that led to this outcome. In short, a juror came to somehow believe that our courtroom demeanor was disrespectful of her.

“This was an unfortunate misinterpretation. No defense counsel would risk alienating a juror, and nothing could be further from the truth in this instance. While it is true that co-counsel will speak with one another from time to time during a trial, this is commonplace. The very idea of counsel making light of a juror is illogical and runs directly counter to our purpose and function.”

The statement also said "perceptions and appearances play a central role in this trial" and that "if a single juror were prone to leap to unwarranted conclusions - and potentially impress these erroneous conclusions on their fellow jurors - the ends of justice and the right to a fair trial would be jeopardized."

Brown and Dudding said they have full confidence that Carroccia will ensure a full and fair proceeding.

This trial sees former NHL players Michael McLeod, Carter Hart, Formenton, Dillon Dube and Cal Foote each facing charges of sexual assault in connection to a June 2018 incident in which a woman, referred to in court documents as E.M., alleges she was sexually assaulted in a London hotel room following a Hockey Canada gala.

All five of the men have pleaded not guilty, with McLeod pleading not guilty to an additional charge of sexual assault as a party to the offense.

This is the second time a jury was discharged in relation to this case. The first was when Carroccia declared a mistrial on April 25, which required a new jury and trial.

The reasoning for the mistrial, which can now be disclosed since the trial is continuing by judge alone, is that one juror alleged that a defense lawyer spoke to them during a lunch break. The juror told another juror, and the message spread among the jury.

The lawyer denied speaking to the juror besides apologizing for bumping into them.

Crown Reads Players' Group Chat Texts At World Junior Sexual Assault Trial Warning: coverage of the Hockey Canada trial includes graphic details of alleged sexual assault that may be disturbing to readers.

Trial Continues With Steenbergen

Following Carroccia’s discharging of the jury, the trial continued from where it left off the day before with Tyler Steenbergen’s Crown testimony. Steenbergen was a teammate of the five accused men on the 2018 Canadian world junior team. He is not accused of any wrongdoing.

Assistant Crown attorney Heather Donkers brought Steenbergen back to what he remembered from the hotel room during the early hours of June 19, 2018. 

Donkers asked if he noticed any food or food containers in the room – Steenbergen previously testified that he had received a group chat message saying there was food in McLeod’s room. That said, Steenbergen said he didn’t notice either from what he remembers. 

Donkers then examined the transcript of a Zoom interview Steenbergen did with lawyer Danielle Robitaille during a Hockey Canada investigation. 

Donkers pointed out a contradiction between what Steenbergen testified in court, saying he couldn't see what Foote wore when he allegedly did the splits over E.M.'s face, with his genitals grazing her. In the 2022 interview transcript, he said Foote wasn't wearing pants and underwear at the time. Steenbergen said on Friday that while the transcript was a mostly accurate reflection of the interview, Robitaille may have “miswrote a couple of the statements” he provided.

The defense jumped in at that point with one of Cal Foote’s lawyers, Julianna Greenspan, objecting, saying Donkers was trying to lead Steenbergen with her form of questioning.

Once Donkers was finished, it was the defense counsel’s chance to cross-examine Steenbergen. 

One of McLeod’s lawyers, Anna Zhang, asked Steenbergen about the general demeanor of the woman in the room during the night. Steenbergen said he didn’t notice anything out of the ordinary and that she wasn’t “falling over” from intoxication by any means.

A defense lawyer for Dube, Lisa Carnelos, suggested to Steenbergen that the woman boldly asked for sex, and that it was unforgettable. Steenbergen agreed.

The defense’s cross-examination of Steenbergen is expected to resume on Tuesday, with Carnelos continuing her questioning of the witness.