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WARNING: This story references sexual assault allegations and may affect those who have experienced sexual violence or know someone affected by it.
The defence lawyer of Frank Stronach is arguing that some of the complainants in the sexual assault trial of the Canadian businessman were coached by Crown prosecutors before they testified.
Leora Shemesh is alleging there was an “abuse of process” during the preparatory meeting with some complainants and the Crown before the trial began.
Shemesh had initially indicated she would be seeking a stay of proceedings over the issue, but is instead asking the court to consider this allegation when the time comes to render a decision.
The abuse of process motion is expected to mark the end of the legal proceedings of the judge-only trial, being overseen by Ontario Superior Court Justice Anne Molloy.
When Stronach’s trial began in February, the 93-year-old founder of auto-parts giant Magna International faced 12 counts related to seven female complainants, whose allegations included sexual assault and the historical charges of rape and attempted rape.
But throughout the trial, the Crown withdrew a number of charges. Last week, during closing arguments, Molloy said she would not be able to convict Stronach on the charges related to one of the complainants in his sex assault trial. She said her evidence did not rise to the level of “being even remotely reliable.”
This means Stronach now faces five counts related to three female complainants.
Allegations go back as far as late ’70s
The allegations against Stronach date back almost 50 years, spanning the period between 1977 and 1990. Two of the initial 12 counts, rape and attempted rape, were considered historical charges, as they were abolished when the Criminal Code was amended in 1983 to create the offence of sexual assault.
All of the initial seven complainants testified in court, offering an emotional account of the sexual offences they say they experienced at the hands of Stronach.
Stronach, who was in court every day but never took the witness box in his own defence, has denied the allegations and pleaded not guilty to all charges.
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 that they allege he sexually assaulted them.
Stronach is set to face another trial in Newmarket later this year involving six complainants after the case was split into two proceedings.
