Important ruling made in 2018 World Juniors case!

The sexual assault trial of five former Hockey Canada world junior players continued on Thursday with the cross-examination of one of the accused players’ former teammate, Brett Howden, who is now playing for the Vegas Golden Knights. He has not be charged with any wrongdoing in the case.

Howden broke down in tears yesterday when speaking the text exchange found on his cellphone during the investigation. He admitted that he was initially afraid to talk to his family about the alleged assault and instead chose to text a friend about it, which turned out to be another Team Canada teammate, Taylor Raddysh, who is now a right winger for the Washington Capitals.

“Dude, I’m so happy I left when all the s— went down. Haha,” Howden texted to Raddysh. “Man, when I was leaving, Duber was smacking this girl’s ass so hard. Like, it looks like it hurt so bad.”

Howden went on to explain how difficult it has been on his family, and answered more questions on how it was especially hard to tell his then-girlfriend at the time. Howden agreed. Howden and her are now married and just had their second child together, and it was at this point that Howden broke down crying.

All Howden could say is that he was being sincere.

Many of the defense attorneys challenged the admissibility and accuracy of Howden’s text message related to the alleged slap by Dubé on the buttocks of the complainant E.M. When assistant Crown attorney Meaghan Cunningham was up, she asked Howden if he was describing something he knew to be true, regarding the text message, he answered: ‘Yeah.”
Justice Maria Carroccia ended the trial early on Thursday saying she she will make her ruling over the admissibility of the text message on Friday morning and her decision is in, per CBC:

“Justice Maria Carroccia has ruled that a text message exchange between former world junior hockey teammates Brett Howden and Taylor Raddysh shortly after the alleged sexual assault in 2018 is inadmissible as evidence.

A text message “sent to a friend … is not a statement made under oath,” she said.

One of the text messages the Crown wanted to include as evidence is one that involves Howden’s comments to Raddysh regarding the alleged slap of the complainant’s buttocks by one of the defendants, Dillon Dubé.

Assistant Crown attorney Meaghan Cunningham, however, is seeking another legal avenue to get those text messages admitted into evidence.

“The Crown should be afforded an opportunity to advance all legitimate avenues for putting this important information into evidence in the trial,” Cunningham said.”

After Cunningham's address, Carrocia has ruled she will allow the Crown to bring forth a new legal application to try to enter the text messages into evidence.

The court has recessed while the defence considers their next moves.

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.

Last week after the jury was discharged, the defence and the Crown have both agreed to the proceedings before only a judge.