WARNING: This story references sexual assault allegations and may affect those who have experienced sexual violence or know someone affected by it.
The sexual assault charge connected to the sixth complainant in the trial of Frank Stronach was withdrawn on Monday.
Crown prosecutor Jelena Vlacic said there was no longer a “reasonable prospect of conviction” related to that charge. Last week, the Crown withdrew a forcible confinement charge related to the sixth complainant.
The withdrawal of the charge comes after Ontario Superior Court Justice Anne Molloy ended proceedings on Friday following concerns about the complainant’s mental health.
That was the culmination of days marked by frustration from Molloy and Stronach’s lawyer Leora Shemesh. Both, at times, seemed exasperated over the complainant’s inability to focus on the questions and her interrupting and talking over Shemesh during cross-examination.
Molloy repeatedly had to interrupt the complainant on Thursday to tell her to stop talking as she would veer off in her response to questions from Shemesh.
On Monday, Shemesh said that while she appreciated the Crown’s withdrawal of the charge, she asked Molloy that a not guilty verdict be entered. Shemesh said that verdict should be rendered, in part, based on new evidence that came forth on Friday.
Shemesh said the evidence includes “extremely detailed notes” from one of the officers who had taken a statement from the sixth complainant in 2006.
These notes, which had not been entered into evidence because they were mistakenly filed under the maiden name of the officer, were in “complete contradiction” to the evidence presented by the complainant at trial, Shemesh said.
Molloy said she would hold off on rendering the not guilty verdict.
Stronach, 93, now faces a total of 10 charges, including sexual assault. Two of the 10 counts, rape and attempted rape, are considered historical charges as they were abolished when the Criminal Code was amended in 1983 to create the offence of sexual assault.
Stronach, founder of auto-parts giant Magna International, has denied the allegations and has pleaded not guilty to all charges.
The sixth complainant had told court that she had met Stronach at Rooney’s, the restaurant he owned, on Valentine’s Day in 1986. She said she didn’t know who he was, only that he had introduced himself as “Frank.”
6th complainant testifies in Frank Stronach sex assault trial
The woman told court that she accepted a ride home from him later in the evening, but he instead took her to his Harbourfront condo.
Although the woman said she told Stronach she just wanted to go home, she said he told her he was tired and just wanted to stop at the condo for five minutes for a coffee and maybe a bite to eat.
She said she reluctantly followed him up the condo. Once inside, the woman said that at one point Stronach disappeared, and then suddenly he was lying on a bed, naked.
She said he was telling her to come over to the bed and to take her clothes her off, but she refused.
She said she made her way to the couch, and Stronach put his pants on. She said he went to the couch to sit beside her and tried to calm her down, telling her not to panic or worry, that he wouldn’t do anything to her.
The woman told court that he then unzipped her pants and pulled them down part way and raped her.
The woman said that it wasn’t until a couple months later, when she saw Stronach’s picture in the Toronto Star, that she realized he was the man who had allegedly attacked her.
But during cross-examination, Shemesh accused the complainant of lying and contradicting herself on details related to the alleged attack.
