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The Crown is appealing a rare post-verdict mistrial declared last month in Frank Stronach’s sexual assault conviction.
The billionaire businessman was found guilty in June of sexual assault and the historical offence of indecent assault related to separate allegations brought by two of the women in his Toronto trial.
The mistrial on the sexual assault conviction was granted weeks later by Superior Court Justice Anne Molloy after emails were presented in court from the woman’s lawyer in a separate civil complaint.
Stronach’s lawyer Leora Shemesh alleged those emails told a story inconsistent with the woman’s testimony in the criminal trial.
Shemesh told The Canadian Press in July that the court did not hear from the woman before the mistrial was declared.
In a notice of appeal filed Tuesday, the Crown argues Molloy erred in relying on communications she presumed were subject to solicitor-client privilege without first determining whether there may be an exception to that privilege that would allow their use.
The Crown also argues the judge erred in saying she couldn’t resolve the credibility issues raised by the mistrial application.
It is asking the Ontario Court of Appeal to restore the guilty verdict on the sexual assault charge and send the case back to Superior Court for sentencing.
Magna founder Frank Stronach has been found guilty of one count of sexual assault and one count of indecent assault on charges related to two women. Stronach also faces another sexual assault trial next year, involving six complainants.
Stronach initially faced a dozen charges
Shemesh said in an email Tuesday she is “incredibly disappointed” that the Crown is challenging a “highly discretionary order” by an experienced and respected judge.
“This appeal is a waste of precious court resources — considering the Crown can simply re-prosecute Mr. Stronach,” she said.
“It is hard not feel that this is more political than a legal question. In fact — it feels like a relentless ‘witch hunt’ that just won’t end.”
Stronach, who founded auto parts company Magna International, initially faced a dozen charges stemming from allegations between the late 1970s and 1990s and involving seven complainants.
By the time arguments in his trial wrapped in April, prosecutors had withdrawn one charge and agreed Stronach should be found not guilty on four more.
The judge then said she couldn’t convict him on two other charges based on the evidence of one of the complainants, whose account she found unreliable. That left Stronach with five charges related to three complainants before he was convicted on two of the counts.
He is set to be sentenced on the indecent assault conviction in September.
