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MANDEL: Mistrial declared in junior hockey players’ sex assault trial
@Source: torontosun.com
Donkers warned the jury that E.M. will testify she never said “no” or physically resisted, and, at different points in the night, some witnesses will testify she was offering to perform sexual acts or asking whether anyone was going to have sex with her.
“But we anticipate you will hear (E.M.) testify that when she was in this hotel room, at age 20, intoxicated, and a group of large men that she did not know were speaking to each other as if she were not there and then they started telling her to do certain things, she did not feel that she had a choice in the matter,” the Crown said.
“On occasion, she tried to leave the room, but the men coaxed her into staying. And so she found herself going through the motions, just trying to get through the night by doing and saying what she believed that they wanted.”
Donkers then called her first witness, London Police Const. Tiffany Waque, before the trial broke for lunch. It never resumed — jurors were sent home after the judge told them she needed to discuss something with the defence lawyers and legal arguments continued through to Thursday.
On Friday morning, the jury reconvened — and was promptly dismissed. Once the new jurors are chosen, the trial is expected to last eight weeks.
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