Judge rejects bid to stay charges in Michael Thompson case

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It was worth a try, but Toronto Councilor Michael Thompson lost his bid to remove the prosecutor and drop one of the two sexual assault charges he faces in the ongoing Bracebridge hearing.

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Two women, whose identities are protected by a publication ban, alleged Thompson sexually assaulted them after inviting them to spend the 2022 Canada Day long weekend at his luxury Port Carling lodge.

Last month, defense lawyer Leora Shemesh asked Ontario Court Judge Philop Brissette to drop the charge or dismiss Crown attorney Mareike Newhouse as a remedy for her allegation of disclosing photos of a witness to one of two complainants before her deposition.

This occurred after the female witness, who was not one of the accusers, was asked during cross-examination about two photographs taken by the two complainants at the summer pier with her mobile phone that weekend; the defense claimed that these photos showed women looking. relax and have a good time.

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The first complainant was due to give evidence, but in an “impromptu meeting” before taking the stand, the Crown showed him photographs of the woman and asked if it was her in the photographs.

Shemesh argued that this move violated the order to exclude witnesses. it prevents a witness from learning about any evidence or testimony given by others at the hearing and his client’s Convention right to a fair trial is now compromised. Newhouse argued that it was a frivolous complaint and that he was merely preparing his witness.

In his oral judgment on Wednesday, the judge ruled that the Crown had breached the “spirit” of his decision by portraying the photographs as an “important warning” to the complainant. However, he noted that this “does not warrant” his stay or dismissal.

Unfortunately for the beleaguered councillor, the charges and the Crown remain as is.

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At the opening of Thompson’s solitary trial last month, the prosecutor alleged the six-term Scarborough Center councilman lured women to his luxury Muskoka lodge with the promise of mentoring and networking opportunities, but instead preyed on them after luring them with marijuana and alcohol. .

The Crown alleged he sexually touched a woman during a massage and “forced” her into a non-consensual sexual act in the middle of the night, even though she was extremely drunk and told him “no”.

Thompson, 64, pleaded not guilty to both charges.

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The first witness described a weekend that was far from what he expected when Thompson invited him to the cabin; Instead of networking, he told the court he wanted to show off the flexibility of the councillor’s bed, invited women out for drinks and allegedly told her twice to “feel free to get naked”.

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Then the first complainant finally took the stand in the second week of the hearing. She testified that Thompson invited her to what she assumed was a small networking meeting at his country home, but she was surprised when he and his friend — the other accuser in the case — arrived Sunday to find only one other woman there.

While in the dock, she claimed the politician asked her to put sunscreen on her back and when she felt unable to say no, he touched her buttocks and breasts underneath her swimsuit.

He did not leave the cabin because he said he was too drunk and claimed Thompson gave them alcohol and marijuana as soon as he arrived.

Last month Thompson resigned from the city’s high-profile FIFA committee. Spokesperson for Scarborough politician “It depends on legal proceedings and a lawsuit that has no definitive end date.”

The hearing will continue on December 4.

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