The sexual assault trial involving players from Canada’s 2018 World Junior hockey team continues in London, Ontario. On Monday, the judge ruled that a set of text messages sent between two players—Brett Howden and Taylor Raddysh—cannot be used as evidence in court. These messages talked about teammate Dillon Dube’s actions on the night of the alleged assault.
What Were the Text Messages About?
The texts were exchanged between Howden and Raddysh on June 19, 2018. In the messages, Howden mentioned that Dube was “smacking this girl’s ass so hard” and that “it looks like it hurt so bad.” The Crown wanted to use these texts in court to show possible behavior related to the assault case. They tried to bring this in through a special court request called a hearsay application.
However, the judge, Justice Maria Carroccia, said the texts were not reliable enough to be used as evidence. Since they were not said under oath or recorded properly, the court cannot be sure they are truthful. This was the last attempt by the Crown to include these texts in the trial.
Who Are the Accused?
Five players are accused of sexually assaulting a woman, identified as E.M., in a hotel room in June 2018 after a Hockey Canada event. These players are Dillon Dube, Michael McLeod, Carter Hart, Alex Formenton, and Cal Foote. All of them have pleaded not guilty. McLeod also faces an extra charge of sexual assault as part of the group.
Howden and Raddysh are not charged with any crime. They are only witnesses in this case.
What Happened in Court on Monday?
After the judge ruled out the texts, the defense lawyers began asking Howden questions. One lawyer, Hilary Dudding, who represents Formenton, asked about Howden’s memory of the night. In an earlier interview from 2018, Howden said Formenton asked if it was okay to have sex with E.M. Howden told him, “If she consented, you can if you want.”
Dudding asked Howden if E.M. looked too drunk to give consent. Howden replied that she didn’t seem very drunk and appeared to lead Formenton to the bathroom willingly.
Another lawyer, Megan Savard, who is representing Carter Hart, questioned Howden about his memory. She pointed out that it was hard for him to remember events clearly, even a few weeks after they happened. Howden agreed. She also mentioned that he suffered a head injury in March 2022 during an NHL game, which could affect his memory. While Howden didn’t say the injury made things worse, he agreed that concussions can cause memory problems.
Security Footage and More Questions
Later, a lawyer for Foote showed Howden a video from Jack’s Bar—the place where the players met E.M. that night. In one part of the video, Howden and McLeod are dancing with E.M. between them. At one point, Howden seems to touch her butt. When asked what he was doing, Howden simply replied, “Looks like I pat her on the butt.”
The trial will continue on Tuesday with more questions for Howden.
This trial is drawing a lot of attention across Canada due to the involvement of high-profile hockey players. The court is carefully examining each piece of evidence, and the ruling on the text messages is a big moment in the trial. As it continues, more witnesses will be questioned to uncover the full truth about what happened that night in June 2018.
