Content advisory: This article includes graphic language and details of alleged sexual assault

LONDON, ONT. – Justice Maria Carroccia ruled Wednesday that while there were some inconsistences in the testimony of Brett Howden, he was not feigning a lack of memory or being insincere on Tuesday when he said he couldn’t remember details around an alleged sexual assault involving five of his former teammates on Canada’s 2018 world junior hockey team.

The ruling came after Crown attorney Meaghan Cunningham applied to cross-examine Howden, who is a Crown witness, under Section 9 (2) of the Canada Evidence Act. Cunningham asked for permission to cross-examine Howden on 18 areas of his previous testimony.

The high-profile trial was paused on Wednesday to deal with Cunningham’s request.

Hours later, Carroccia said there were four areas in which there were inconsistencies in Howden’s testimony. Before court adjourned for the day, Cunningham said that she would meet with defence lawyers to decide how to proceed.

“In my view at this stage, I cannot find that Mr. Howden is feigning lack of memory or is being insincere about whether he has a recollection of his earlier statements or particulars of the events he's asked to describe,” Carroccia said in her decision.

“On more than one occasion when given an opportunity to refresh his memory Mr. Howden has testified that he has no present recollection of his telling the truth when he answered the questions previously. He was effectively adopting his earlier statements due to his present lack of memory.”

Carroccia still has not decided whether the Crown can cross-examine Howden, who currently plays for the Vegas Golden Knights.

Cunningham claimed earlier Wednesday that Howden was being untruthful when he testified he couldn’t remember details that could hurt his former teammates. She also alleged that Howden’s testimony was markedly different from what he previously said in statements to London police, Hockey Canada investigators, and in text messages.

Michael McLeod, Dillon Dube, Alex Formenton, Carter Hart and Callan Foote have been accused of sexually assaulting a woman in McLeod’s hotel room in the early morning hours of June 19, 2018, following a night of dancing and drinking at a downtown London bar. McLeod has also been charged with being a party to the offence of sexual assault. All of the players have pleaded not guilty.

E.M., the complainant in the case whose identity is protected by a publication ban, has........

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