WARNING: This article contains graphic details, refers to sexual aggression and can affect those who have experienced sexual violence or knowing someone affected by him.
The London lawyer who represented the woman in the settlement of the Civil Demand of Hockey Canada says that the ongoing sexual aggression trial in the city of the southwest of Ontario is observing, and he believes that he was a credible witness in his week of testimony.
Robert Talach is not involved in the criminal trial focused on the accusations of his former client. To protect their identity under a standard publication prohibition, it is known as EM in the criminal case against the five world players of Junior Hockey, who declared themselves innocent.
Talach is no longer EM’s lawyer and says he hasn’t talked to her in years.
CBC News spoke to him when the sexual aggression trial was coming to an end, with legal arguments of defense and crown, after almost eight weeks of procedures. Judge Maria Bodroccia will issue her decisions on July 24.
In the interview on Wednesday, Talach said of EM: “She is a stronger person than I remember. Remember, this is a small 4 -inch mouse woman, 140 pounds, calm like a church.
“I think the unfortunate is that the public cannot know or see it. And when you understand its personality and you understand it a little more, everything makes much more sense.”
Talach is the main partner of Beckett Personal Lesions Abogados and leads the Department of Cases of Sexual Abuse. He was contacted by the woman shortly after the alleged sexual aggressions in a London hotel room in June 2018.
He kept Talach to launch civil lawsuit against Canada hockey after London’s initial police investigation was closed in 2019. Talach stopped representing it in May 2023 after a sports body agreement was reached.
Michael McLeod, 27, Carter Hart, 26, Alex Formenton, 25, Dillon Dubé, 26, and Cal Foot, 26, are accused of sexual assault in June 2018. Em declared early in the trial that only had to have consensual sex once with McLod and did not agree with the sexual activity that occurred later. McLeod is also accused and declared himself innocent of being a part of the crime for allegedly inviting other men to the sex room.
La Corona alega que McLeod, Hart y Dubé obtuvieron el sexo oral de Em, que Dubé también la abofeteó en sus nalgas desnudas mientras estaba comprometida en un acto sexual con otra persona, que Formenton tenía sexo vaginal con ella en el baño, y que Foote hizo las divisiones sobre su rostro mientras yacía en el suelo y su genitals con su rostro sin su cara sin su consentimiento.
Talach has particularly followed the testimony and interrogation of EM. He says she seemed calm and credible.
“People need to understand that all events are probably less than seven hours [of her testifying]But he was questioned for seven days in those. So he is talking about a full day of questions during each hour of events, “said Talach, adding that some of the best criminal defense lawyers” money can gather. “
The credibility of the plaintiff questioned
In their final statements, defense lawyers attacked the testimony of EM that contains a “cornucopia of credibility and reliability concerns.” They were presented as an exhibition, a 30 -page document that lists what they say they are concerns in their testimony.
In his final arguments, McLeod’s lawyer, David Humphrey, said that EM was not only a willing and active participant of sexual acts, but that he instigated them. And then, he told a white lie that covers him, a Humphrey says Snow got out of control.
Other lawyers have accused of changing their history and lying in the witness box to boost “an agenda” in an attempt to protect their reputation and relationships.
Formenton’s lawyer, Daniel Brown, accused her of Perjury.
“He was not wrong only things; he lied under oath,” Brown said. “He should give his honor concerns.”
The defense has indicated the differences between the initial police statement of EM 2018 and the statement that provided Canada Hockey in 2022 as part of its internal review.
In his testimony, EM said his lawyers had written the statement. She said she gave her a superficial reading and signed it, but did not catch some of the discrepancies.
Talach said both statements can be seen as true, and added that the first accounts of someone who still follows events often has more errors than there are after the fact.
He pointed out that they voluntarily submitted and passed a polygraph based on their 2022 statement.
“We supported the statement we made with her. He was a very different person when he was dealing with the police. You know, you are still in the middle of a trauma. I think there was probably more effort to try to assemble the pieces in his declaration of 2022,” he says.
“I think inconsistency suggests truth and reality.”
The woman obtained ‘a fraction’ of civil claim of $ 3.55 million
Defensor lawyers, and even body, have commented on the speed at which the demand for Canada hockey was resolved. It was launched on April 20, 2022 and concluded before May 24 of the same year, before the players knew something about it.
Talach said the evidence met with the Canada Hockey standard, one that argues that everyone should worry: “Is this the behavior we want from our national heroes and sports celebrities when they are behind closed doors?
In addition, he said, EM had nothing to lose or win with his participation in the criminal trial. His civil lawsuit was treated and had received a Canada Hockey agreement.
Talach will not reveal the amount he received, but said it was “a fraction” of the original claim of $ 3.55 million.
“What reason has to lie at that time?” Talach said. “She is providing a benevolent service to our national sport by participating in a process that does not provide anything.”
The closing arguments are underway at the Canada Hockey Sexual Assault trial, and defense lawyers attack the credibility of plaintiff EM. The five players declared themselves innocent. The crown will respond after the remaining defense teams.
CBC communicated with Canada Hockey in the middle of Thursday to comment and shortly after, a spokesman, Jeremy Knight responded by email: “To ensure not to interfere with the integrity of the appeal process or ongoing criminal procedures, we cannot comment at this time.”
The appeal referred to in the gentleman was launched following a 2023 report by an independent adjudicative panel that met to determine if any of the world junior players linked to the case of sexual assault violated the Code of Hockey Hockey Conduct of Hockey Canada.
None of the reports of the report have been published in the middle of the appeal. The Board of Independent Appeals has allowed the appeal to be waiting until after the London trial ends. Meanwhile, the five players who were accused remain suspended by Canada hockey until the end of the appeal process and are not eligible to play, train, officiate or be volunteers with programs sanctioned by the sports agency.
The Audited Financial Report of Hockey Canada shows that it paid almost $ 3 million in multiple agreements in 2021-22. After TSN first reported this information, the London police relaunched their criminal investigation, which led to the charges against the five former players, which every day had NHL races.
The lawyer questions the validity of the ‘consent videos’
For Talach, the quid of the case is simple. (He raises points that believe they happened, but at this time they are just accusations).
“She left the bar with an individual to participate in basic sex one by one. That developed in a lot of boys who entered this room without an invitation [by the complainant]that is directed to do things, being spit, conversations about very strange sexual acts such as [alleged] Use of golf clubs and golf balls, “he said.
“Is this what she accepted when she left the bar with an individual? Absolutely not. And each of those people contributed somehow to the environment and what was developed, either because of her presence, either by conversations.”
Talach hopes that the crown in the criminal trial would retreat the validity of the “Consent videos “ Mcleod recorded as a sign that the players knew they had no complete, free and voluntary consent.
“If I had a reasonable understanding of consent, and I was quite sure that this was consensual, why do you feel the need to record it after the fact? You cannot obtain consent after the fact, so it is useless in a legal way,” he says.
“I think that showed that they had doubts.”
In his final statements, the Crown’s lawyer, Meaghan Cunningham, argued that EM did not agree voluntarily on the sexual acts that occurred after McLod sent a text message to his teammates, asking if they wanted a “3 route” and a “gummer” (jargon for oral sex). Rather, says Cunningham, EM was placed in an environment without his consent where his ability to make a decision was compromised. She testified that she felt “scared and confused.”
“Neither acquiescence nor passivity are consent,” said Cunningham.
The defense has argued that the crown has not presented evidence beyond a reasonable doubt.
Judgment as a ‘public service’
Even if any of the five accused men is acquitted, Talach said, this case has raised conversations about the Hockey culture in Canada, and hopes you see them as a victory.
“I don’t think there is any loss for her in this because she really is at this stage doing this as a public service, there is nothing that she gets out of this,” he said.
“What I think has done is that it has helped to inform a public debate about our national sport. I think it is pointing out some challenges within our criminal justice system … and I think it has really shown resistance to other survivors.”
He hopes that others will not be dissuaded by what they have seen perspire in Court 21 of the Superior Court of London and that this case motivates others to appear.
“You can’t have justice if you don’t take the first step.”
If you are in immediate or fears for your safety or that of others around you, call 911. To obtain support in your area, you can search for local crisis and services through the Finish the database of the Canada Sexual Violence Association.
