Judge rejects bid to stay charges in Michael Thompson trial

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It was worth a try, but Toronto councilor Michael Thompson has lost his bid to dismiss the prosecutor and dismiss one of the two sex abuse charges he faces in his ongoing Bracebridge trial.

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

Last month, lawyer Leora Shemesh asked Ontario Court of Justice Judge Philop Brissette to stay the charges or remove Crown attorney Mareike Newhouse as a remedy for her alleged misconduct in disclosing photos of a witness to one of the two complainants before her testimony.

It happened after the female witness – who is not one of the accusers – was asked during cross-examination about two photos she had taken with her mobile phone that weekend of the two complainants on the cottage’s dock, in which the defense said the women could be seen looking at each other. comfortable and have a good time.

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The first complainant was next to testify, but in an “impromptu meeting” before she took the stand, the Crown showed her the photos of the woman and asked if it was her in the photos.

Shemesh argued that the measure violated the witness exclusion order prevents a witness from learning of any evidence or testimony given by others in the trial and her client’s right to a fair trial is now compromised. Newhouse argued that it was a frivolous complaint, and that she was merely preparing her testimony.

In his oral ruling on Wednesday, the judge agreed that the Crown had breached the “spirit” of his order by showing the photos as a “warning” to the complainant. But he said it “does not justify” a stay or her removal.

So unfortunately for the beleaguered councilor, the charges and the Crown remain unchanged.

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At the opening of Thompson’s trial last month, the prosecutor alleged that the six-term Scarborough Center councilor lured the women to the luxury Muskoka cottage with promises of mentorship and networking opportunities, but instead preyed on them after targeting them with marijuana and alcohol. .

The Crown alleged he sexually touched a woman during a massage and “forced” a non-consensual sex act in the middle of the night, despite her being heavily intoxicated and telling him “no.”

Thompson, 64, has pleaded not guilty to both charges.

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The first witness described a weekend that was far from what she expected when Thompson invited her to the cottage; instead of networking, she told the court the councilor wanted to demonstrate the resilience of his bed, urged the women to drink shots and twice told her to “feel free to be naked ‘.

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Then the first complainant finally took the stand in the second week of the trial. She testified that Thompson invited her to what she assumed was a small networking meeting at the cottage, but was surprised when she and her friend — the other plaintiff in the case — showed up on Sunday to find only one other woman there.

While they were on the dock, she claimed the politician asked to apply sunscreen to her back and then touched her buttocks and breasts under her swimsuit after she felt she couldn’t say no.

She did not leave the cottage because she said she was too drunk and claimed Thompson gave them alcohol and marijuana as soon as they arrived.

Last month, Thompson resigned from the city’s high-profile FIFA committee. His spokesperson said the Scarborough politician is “embroiled in legal proceedings and a lawsuit without a definitive end date.”

The trial continues on December 4.

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