LONDON, ONT. – Justice Maria Carroccia has discharged the jury in the trial of five former members of Canada’s 2018 world junior hockey team after a juror complained that defence lawyers were acting unprofessionally, three weeks after a juror complaint about one of the same lawyers led to a mistrial.

Carroccia thanked the 14 jurors and dismissed them on Friday morning. The judge did not provide the jurors with a reason for their dismissal. The trial will now continue by judge alone.

Michael McLeod, Alex Formenton, Dillon Dube, Callan Foote, and Carter Hart are charged with sexually assaulting a woman identified in court documents as E.M. in June 2018 at a London hotel following a Hockey Canada golf and gala event. McLeod faces a second sexual assault charge as a party to the offence. The defendants have pleaded not guilty.

If the Crown had opposed the defence motion to move forward as judge alone trial, it would have raised the prospect of a new trial in which E.M. would have had to testify publicly for a second time. A new trial would also have meant the defence could cross examine E.M. on her testimony in this trial, in addition to the previous statements she has provided to London police and Hockey Canada investigators.

The development came a day after Carroccia was handed a note from a juror after the morning recess. In the absence of the jury, the judge read the note aloud.

"Multiple jury members feel we are being judged and made fun of by lawyers [Daniel] Brown and Hilary Dudding,” the note said. “Every day when we enter the courtroom they observe us, whisper to each other and turn to each other and laugh as if they are discussing our appearance. This is unprofessional and unacceptable."

Brown and Dudding immediately turned to look at each other, and Dudding mouthed “what?”

Carroccia announced a recess for the legal teams to decide what they thought should happen next. When they came back, Crown attorney Meaghan Cunningham said an inquiry should take place, one........

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