WARNING: This publication contains graphic details.
The crown assistant lawyer, Meaghan Cunnigham, said there were 18 inconsistencies in Howden’s testimony.
But body ruled on Wednesday that there were only four.
The first inconsistency that body found involved Howden’s testimony about seeing them, the plaintiff, takes Alex Formenton, one of the defendants, to the bathroom of the hotel room.
Howden testified on Tuesday that he saw the woman take Formenton to the bathroom. But in 2018, speaking with the researchers at Hockey Canada, Cunningham says that Howden explicitly said when he walked to the bathroom, he didn’t even look at her.
Another inconsistency was about Howden’s interaction with Formenton before going to the bathroom.
Howden testified that before Formenton went to the bathroom with the woman, he asked Howden: “Should this be doing?”
But in a 2018 statement, Cunningham said, Howden gave much more specific details than Formenton.
According to that statement, said Cunningham, Formenton also asked him if he would get into trouble doing this: “Am I okay to do this? Is it allowed to do this?”
Another inconsistency is related to Howden’s response given to Formenton when Formenton and the woman went to the bathroom.
Cunningham said Howden testified that he really didn’t remember him, but that everyone was leaving him to decide what to do.
But in 2018, Cunningham said that Howden gave more details and that her response to Formenton included comments such as “if she wants to have sex with you, as, I suppose it is fine” and “if she would consent and love you, then sure.” He also said in 2018 that “everything I told her was like, if she consented, if you can if you want. But it’s like, it depends on you, something like that.”
The fourth inconsistency is related to how Howden was felt when Dillon Dubé slapped them, the plaintiff, in the buttocks.
Cunningham said Howden testified that he didn’t remember how he felt. But she said that in a 2022 interview with Canada Hockey researchers and a 2023 interview with the London Police, she provided more details.
In 2022, for example, he said that “I was drawing a line to be because I had felt uncomfortable to that point.” And in 2023, he said that seeing the slap “was basically what finally pushed me through the door.”
