Alex Formenton at the center of why jury has been discharged in 2018 World Junior trial

On Friday morning, Justice Maria Carroccia made the significant decision to discharge the jury in the trial of five former members of Canada’s 2018 world junior hockey team. Carroccia thanked the 14 jurors and dismissed them on Friday morning, confirming that the trial will now continue by judge alone.

When the news first emerged, no specific explanation was given to media on why Carroccia found it appropriate to dismiss the jury. The only thing that was reported was that, in a joint statement sent to the media as soon as Carroccia announced she was discharging the jury, Alex Formenton’s lawyers, Daniel Brown and Hilary Dudding, wrote that “a juror came to somehow believe that our courtroom demeanour was disrespectful of her.”

Justice Carroccia later explained on Friday why Alex Formenton and his lawyers Dan Brown and Hilary Dudding are at the center of the decision to discharge the jury. From CBC:

Earlier this morning, Justice Maria Carroccia dismissed the jurors and it was agreed by both the defence and Crown that the trial would go ahead with a judge alone trial.

This was sparked by a note sent to the judge by a juror.

The note outlined concerns that Dan Brown and Hilary Dudding, lawyers representing Formenton, appeared “every day” to be whispering to each other and laughing “as if they are discussing our [jurors’] appearance” as they entered the courtroom.

“This is unprofessional and unacceptable,” the note said.

Carroccia determined the jury could no longer be impartial in rendering a verdict and dismissed them.

Carroccia rejected the Crown’s submission of an inquiry of the jury, in which the jurors would have been individually interviewed to determine whether they held any biases.

The Crown said they were reluctantly agreeing to judge alone, in part, to avoid having to retry the case and submit the complainant, known as EM, to another round of testimony and “further traumatize” her.

Michael McLeod, Alex Formenton, Dillon Dube, Cal Foote, and Carter Hart are charged with sexually assaulting a woman identified in court documents as E.M. in June 2018 at a London hotel following a Hockey Canada golf and gala event.

McLeod faces a second sexual assault charge as a party to the offence. They have all pleaded not guilty.

The defence and the Crown have both agreed to the proceedings before only a judge.