The woman who sued Hockey Canada for an alleged gang rape recently passed a polygraph examination, her lawyer disclosed Monday. A revelation that strongly displeases a criminal lawyer consulted by The duty.
A statement released by Robert Talach of the Beckett law firm revealed that the woman had “passed” the polygraph test “with a rating of ‘truthful'”. The result of the polygraph test, arranged by the complainant’s lawyer, was provided to London police, Hockey Canada and National Hockey League investigators.
Criminal lawyer Charles B. Côté, however, does not look favorably on this revelation, which caused a stir on Tuesday and which he even describes as “a fine example of a perfect file slippage”. “In criminal law, the polygraph is not accepted as evidence in a trial because it has a threshold of fallibility. And it comes in a way to replace the role of the judge, who must assess the credibility he must grant to the various witnesses, ”he laments.
Me Côté also fears that this test, which has no value in court, will weaken the independence of the jury in a possible and hypothetical trial. “I find it disturbing that it came out in the public domain to enhance the credibility of the victim, he raises. We have just reported evidence that is inadmissible to a potential pool of potential jurors. »
He sees the release of the polygraph test result as an attempt by the victim’s lawyers to fight back, after lawyers for seven of the eight players involved in the case leaked videos on July 19. These confusing, but presumably shot the night of the alleged rape, videos would show the complainant consenting to an undetermined act. “It diverts attention from the debate: was a crime committed at that time, and what was the situation at the time of the events? adds M.e Side.
According to the woman, eight players — including members of the Canadian junior team that took part in the 2018 World Championship — sexually assaulted her following a Hockey Canada gala in London, Ont. Four years ago.
On the way to the junior championship
The plaintiff’s lawyer also confirmed that the information initially released by Hockey Canada that the woman refused to cooperate in the investigation was false.
The woman made it clear to London police as early as June 24, 2018, that she wanted criminal charges to be pursued, according to her lawyer. She again met with agents on June 26 and August 31 of the same year. She was informed on February 6, 2019 that no charges would be brought.
For Dominick Gauthier, former Olympian and co-founder of the elite athlete support group B2Dix, this new inconsistency on the part of Hockey Canada could be just the prelude to many others. “I think this is the start of a series of news that will come out in the coming days and that will shock us,” says the man who is also an analyst at the Olympic Games. “This news will continue to hit us through August 9,” he predicted.
August 9 marks the start of the 2022 World Junior Ice Hockey Championship, which takes place – ironically – on Canadian soil, in Edmonton. It is players who participated in this competition in 2018 or 2003 who are currently the subject of allegations concerning two separate gang rapes.
But for Dominick Gauthier, the outcome is clear: the senior administration of Hockey Canada must resign, although it signaled its intention to remain in office last week before a parliamentary committee. “This scandal is what was needed to burst the abscess and put in place people who are not influenced by the present culture and who would come from elsewhere. It takes people who don’t come from the hockey community to rebuild the sport we love. Because right now it’s a shame. »
International federation survey
The International Ice Hockey Federation (IHGF) told The Canadian Press in a statement that it has launched an investigation into the actions of Hockey Canada.
“These are deeply disturbing incidents that the IIHF takes extremely seriously,” she said. The organization also said it will continue to monitor Hockey Canada’s actions to ensure the federation complies with its Abuse and Harassment Code. “The federation will take all appropriate action in accordance with the FIHG Code on Abuse and Harassment when and if necessary,” the statement said.
Shocking revelations have been happening for several weeks now in the Hockey Canada affair. In addition to allegations of two separate gang rapes, news outlets recently revealed that Hockey Canada used a so-called ‘national equity fund’, funded by membership fees collected across the country, to settle assault claims. sexual.
Hockey Canada has since said it will no longer use the fund to settle sexual assault claims.
With The Canadian Press