Content warning: This story includes allegations of sexual assault.

London, Ontario – In a dramatic turn in teh ongoing trial of five former National Hockey League (NHL) players accused of a 2018 sexual assault, Michael Mcleod stated in a police interview video, shown in court Tuesday, that he recorded consent videos of the complainant on the night in question because he was worried something like this would happen.

This marks the first instance during the trial where one of the accused has directly addressed the accusations.

The Police Interview: A Key Piece of Evidence

The court viewed a video of an in-person interview conducted by now-retired Detective Stephen Newton of the London Police service on Nov. 17, 2018. Newton appeared virtually as the interview was played. It is noteworthy that Newton closed the initial inquiry in February 2019 without filing any charges.

Mcleod told Newton in the 2018 video: It was a weird situation that I wasn’t expecting was going to happen. I was worried that something like this (a police investigation) would happen and I made sure she was OK with it.

Mcleod further elaborated, Throughout the night, I was trying to make sure she was OK with it. He specified that he recorded the second consent video after he and the complainant, identified as E.M. due to a publication ban, had taken a shower.

According to mcleod, he asked E.M. literally, like, five times if she was OK during the night. The audio quality of the 2018 video was reportedly difficult to follow in court.

Details Emerge: Intoxication and Interactions

mcleod also stated in the hour-and-a-half-long video that the Canadian world junior players were drunk but not blackout drunk, by any means. We all had our heads on straight, generally speaking.

In his initial summary to police,Mcleod recounted that after engaging in sexual intercourse with E.M., he returned to the room after retrieving food from the lobby and witnessed E.M. performing a sex act on Carter Hart. He further claimed that E.M. later got on the bed and asked the players present,estimated to be eight or nine,if they wanted to have sex with her.

Detective Newton questioned Mcleod about how the other men knew to come to his room, asking: Were more guys coming because there’s a naked girl in the room doing sexual favours for guys?

Mcleod responded, I don’t think anyone said, ‘Come on over.’ He denied sending any text messages inviting others to his room, stating, No, I just told guys I was getting food and I was with a girl.

Conflicting Accounts and Prior Testimony

Mcleod’s account contrasts with evidence presented earlier in the trial. On April 30, the court heard that Mcleod allegedly sent a text to a group chat stating, Who wants to be in a 3 way rapid signed 209- mikey. Previous testimony also indicated that E.M. was on a sheet on the floor of the Delta Armouries hotel room while discussing having sex with the players.

Mcleod also mentioned in the interview video that E.M. expressed a desire to have sex with Alex Formenton, but Formenton preferred not to do so in the main room. Consequently, they went to the washroom for approximately 10 to 15 minutes.

The playback of the interview video was interrupted several times due to technical difficulties in the courtroom.

Brett Howden’s Testimony and Cross-Examination

Earlier in the day, Vegas Golden Knights forward Brett Howden concluded his testimony from Las Vegas. Julianna Greenspan, the lawyer representing Cal Foote, questioned Howden about his initial failure to mention meeting E.M. at Jack’s on June 18, 2019. Greenspan suggested that Howden was intentionally minimizing his contact and interaction with E.M.

Howden responded, I don’t think that it’s fair that a couple minutes out of a whole night, that you just expect me to know this girl that I’ve met for the first time in my life.

Greenspan retorted, I guess things aren’t fair, are they? This statement prompted an objection from assistant Crown attorney Meaghan Cunningham.

The Charges and Trial Status

Mcleod faces two counts of sexual assault, including one count of aiding in the offense. Dillon Dube, Foote, Formenton, and Hart are each charged with one count of sexual assault. All have pleaded not guilty.

The trial, now in its sixth week, is expected to continue Wednesday with Detective Newton remaining on the stand to answer questions from the Crown, followed by cross-examination from the five defense lawyers.