The sexual assault trial of Toronto City Councillor Michael Thompson is set to continue following a significant legal development concerning a potential mistrial. Thompson is facing two counts of sexual assault related to allegations of inappropriate touching involving two women during a gathering at a Muskoka cottage over the Canada Day weekend in 2022.
During the trial, which is being held with a judge presiding alone, defence lawyer Leora Shemesh raised concerns regarding the direction of the Crown's questioning during the cross-examination of a witness. Shemesh objected, asserting that the witness, who had already testified, was now being framed as a complainant, which deviated from the expectations established during the proceedings.
Shemesh emphasized that there had been no prior indication from the Crown that they would suggest Thompson had any sexual attraction toward the witness. The nature of the allegations as introduced by the Crown seemed to catch the defence team off guard, leading them to argue that this new angle fell outside of what they had prepared to counter in court.
In response to the defence's concerns, the presiding judge ruled that the Crown would be allowed to continue with its cross-examination, albeit with restrictions. The judge limited the scope of questioning specifically to matters that would establish the credibility of the accused, thereby preventing the prosecution from delving into the new territory implied by the defence's objection.
The trial, which has captured significant media attention, is set to resume on May 29 in Barrie. This case highlights the complexities and sensitivities involved in legal proceedings, particularly those pertaining to sexual assault allegations, where both the prosecution and defence must navigate carefully to ensure a fair trial while protecting the rights of all individuals involved.