Listen to this article
Estimated 4 minutes
The audio version of this article is generated by AI-based technology. Mispronunciations can occur. We are working with our partners to continually review and improve the results.
WARNING: This story references sexual assault allegations and may affect those who have experienced​ ​​​sexual violence or know someone affected by it.
Frank Stronach will no longer face an attempted rape charge connected to one of the complainants in his sexual assault trial, court heard on Friday.
Ontario Superior Court Justice Anne Molloy indicated she will be entering a not guilty verdict on that count, along with two other counts, meaning the Canadian businessman now faces nine charges instead of the original 12 on his trial.
On Friday, Crown prosecutor Jelena Vlacic told the court that after reviewing the evidence related to the attempt rape charge connected to the third complainant to testify, “it does fall short” in terms of meeting the standard of proof beyond a reasonable doubt.
The decision by the Crown to no longer pursue the attempt rape charge came after Stronach’s lawyer, Leora Shemesh, Wednesday that she would be arguing for a directed verdict on that count.
Shemesh had told reporters that she didn’t believe the allegation, said to have occurred in 1977, met the definition of attempt rape in a previous version of the Criminal Code. A directed verdict allows a judge to come to the determination that no jury properly instructed could ever convict on that count, Shemesh had told reporters.
The third complainant had testified that she had agreed to go back to Stronach’s midtown Toronto apartment following dinner with him at his restaurant, Rooney’s.
Once there, she alleged that Stronach pushed her over the arm of a chair in his apartment, lifted up her skirt and tried to rape her.
The woman said she stood up, gathered her purse and coat and left the apartment. Although Stronach no longer faces an attempt rape charge related to the woman, he still faces an indecent assault charge.
Ontario Superior Court Justice Anne Molloy indicated she will be entering a not guilty verdict on three counts in the sex assault trial of Stronach. (Alexandra Newbould/CBC)
But Stronach is also no longer facing two counts related to the sixth complainant to testify. The Crown had previously told court it would be withdrawing those counts — forcible confinement and sexual assault.
Meanwhile, on Friday Shemesh focused on the charge of sexual assault alleged by the second complainant to testify.
Date of alleged offence at issue
The woman had told court that Stronach groped her in his Harbourfront condo. The issue with that charge, Shemesh said, is the date of when the alleged assault occurred. The indictment reads that the alleged sexual assault happened sometime between Jan. 4, 1983 and Dec. 31, 1984.
But Shemesh argued that the woman has been unclear as to whether the alleged assault may have also occurred in 1982.
The Criminal Code was amended in 1983, along with the definition of sexual assault related offences. If it’s determined the alleged incident occurred in 1982, the charge against Stronach would fall under the offences that were part of the pre-amended Criminal Code.
Shemesh argued that it is “important in grounding the offence as to whether it is an alleged sex assault, or whether it is an alleged conduct that is, ‘indecent assault.'”
“It’s almost as if [the complainant] is sort of smack dab in the middle of two pieces of legislation,” Shemesh said.
She said the judge, if she believes an offence occurs, will have to make the determination as to when it happened.
“If her honour doesn’t know if it was ’82 or ’83, then he can’t be convicted of either,” Shemesh later told reporters.
Stronach has denied the allegations and has pleaded not guilty to all charges. Shemesh, who is expected to launch her defence for Stronach on Monday, would not comment on whether her client will take the witness box.
Crown has rested case
On Wednesday, the Crown rested its case, having heard from all seven complainants whose allegations against the 93-year-old founder of auto-parts giant Magna International included sexual assault and the historical charge of rape.
Many of the women told similar stories — meeting Stronach at Rooney’s, the Toronto restaurant he used to own, and then accepting an invitation back to his Harbourfront condo. It’s there where they allege he sexually assaulted them.
The Crown called eight witnesses, all seven complainants and the friend and co-worker of the final complainant, to testify.