The sexual assault trial of five former Hockey Canada players continues in Ontario, with Justice Maria Carroccia ruling against admitting a crucial 2018 text exchange as evidence. Testimony from NHL player Brett Howden raises concerns due to memory inconsistencies. The defense argues the Crown had prior knowledge of Howden's issues with memory but expected clearer testimony. The Crown still seeks a new legal avenue to introduce the messages into evidence to bolster its case against the not guilty pleas of the accused, which involves serious allegations of historical sexual assaults.
Cunningham emphasized the Crown's expectation that Howden's memory could be refreshed, allowing him to provide coherent testimony about prior events, which is critical to the case.
Justice Carroccia has ruled that a legal motion by the Crown could proceed, enabling the possibility of a new attempt to introduce key text messages into the trial.
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