New jury selected after mistrial stalls trial of former NHL players in sexual assault case

The drama-filled trial of five former NHL players — Michael McLeod, Dillon Dube, Cal Foote, Alex Formenton, and Carter Hart — experienced a major snag this week as the court made a mistrial declaration. Now, a new panel of nine women and five men will hear the case in the matter of an accused 2018 sexual assault. Superior Court Justice Maria Carroccia ordered the mistrial on Friday, and under a publication ban, some reasons behind the mistrial remain secret.
Michael McLeod, 27, has two counts against him, one of them being aiding sexual assault. Dillon Dube, 26; Cal Foote, 26; Alex Formenton, 25; and Carter Hart, 26, each have one count of sexual assault against them. All five have pleaded not guilty.
The allegations date back to an incident in 2018 and have garnered intense public and media attention due to the status of the players as prominent personalities within the hockey world. In this case, despite the heightened public glare, the court proceedings need to start from scratch with the newly empanelled jury.
According to Canadian laws, a mistrial is ordered when there is a good chance that the fairness of a trial has been compromised. The Canadian Legal Information Institute mentions that even the perception of unfairness, gauged from the standpoint of a well-informed and reasonable observer, is sufficient ground for ordering the same. In this case, while the actual problems leading to the mistrial remain under a court-imposed gag order, there was a reaffirmation of the need to preserve judicial integrity.
The trial picks up where it left off with a half-day hearing on Monday after a brief break to facilitate the federal election. The court will take as long as eight weeks reviewing evidence, witness depositions, and defense-prosecutor arguments.
This new start presents fresh challenges to both parties, with both having to re-argue their cases before the new panel. With the gravity of the charges and the fame of the accused, this case is likely to remain in the news a great deal in the weeks ahead.
Also read: Sexual assault trial against Michael McLeod and four other ex-NHL players continues on Friday
When the trial continues, focus will again be directed towards evidence in connection with the 2018 event and whether the prosecution will be able to convince the new jury of the players' alleged complicity beyond a reasonable doubt. Law experts observe that mistrials, while inconvenient, sometimes offer defendants second opportunities, depending on the course of proceedings initially.