Defence asks Bracebridge judge to toss Crown from Toronto councillor's sex assault trial

Arguments are underway on Friday on a defence application in the trial of longtime Toronto Councillor Michael Thompson to dismiss the Crown Attorney on what was supposed to be the fifth day of trial in Bracebridge.

Defence lawyer Leora Shemesh, on behalf of her client, requested Justice Philop John Brissette stay a charge of sexual assault against Thompson or at least remove the current Crown counsel Mareike Newhouse as a remedy for an alleged “impropriety.”

Shemesh told the court Thompson’s charter right to a fair trial was compromised when the Crown showed the complainant a “racy” photo ahead of her testimony that she was depicted in.

Defence counsel said the photo showed the complainant appearing “comfortable” at the Port Carling cottage where the alleged sexual assault had taken place over Canada Day weekend in 2022.

It’s alleged Thompson sexually took advantage of the complainants at the cottage while the young women were drinking alcohol and may have been intoxicated.

The court has heard arguments from the defence that one of two complainants in the case was shown a photo by the Crown and the act violated a court-imposed witness exclusion order to prevent a witness from hearing or learning of the testimony made by other witnesses in trial.

The defence told the court the complainant’s evidence was “tainted” by the alleged breach of impartiality from the prosecutor when she gave a “wink, wink, nudge, nudge” preparatory “heads-up” about a photo to the complainant that had been entered into evidence during earlier witness testimony in trial and was addressed during defence cross-examination of the witness.

Defence lawyer Shemesh argued the Crown “has fundamentally misunderstood her role” as a prosecutor by violating a court order excluding witnesses from hearing evidence prior to their testimony and acted instead as an advocate for the complainant.

Thompson, 64, faces two counts of sexual assault from the younger women, whose identities are protected by a publication ban.

The Crown told the court the women were provided marijuana and alcohol at the cottage by Thompson and his female friend, an older woman, whom the younger women said promised mentorship and networking opportunities at the cottage getaway alongside Thompson.

One witness testified she felt she was being groomed for sexual assault at the cottage and likened Thompson’s friend to convicted sex offender and former partner of Jeffrey Epstein, Ghislaine Maxwell.

The matter is scheduled to return to court in December.