Howden testifies at hockey sexual assault trial

LONDON, Ont. — Testimony for Brett Howden in the trial of five former NHLers accused of sexual assault ended prematurely Tuesday after assistant Crown attorney Meaghan Cunningham called into question inconsistencies in his evidence in court and what he said in three previous statements.

Howden, 27, took the stand via Zoom from Las Vegas, where he is a member of the Golden Knights. Over the course of questioning by Cunningham that lasted much of the day, Howden had trouble remembering details of the events surrounding the alleged incidents in London on June 18 and 19, 2018.

Cunningham said she would pursue a voir dire, which is essentially a trial within a trial, via cross-examination of Howden for “upwards of 15” inconsistencies in evidence he gave Tuesday and the evidence he gave in statements from interviews with Henein Hutchison lawyer Danielle Robitaille on July 3, 2018, a subsequent interview with Robitaille on Sept. 17, 2022, and one with London police Det. Tiffany Waque on Aug. 23, 2023, plus text messages between Howden and current NHL player Taylor Raddysh.

Just before Howden was excused, he agreed that the interviews on those dates had been recorded and transcribed correctly.

Howden testified earlier that he remembered Dillon Dube “spanking” the complainant, known as E.M. because of a publication ban, when the players were in Room 209 at the Delta Armouries in the early hours of June 19, 2018. But Howden couldn’t remember many details when pressed by Cunningham.

“Do you remember where in the room this happened?” Cunningham said.

“No, I don’t remember seeing it,” he responded.

“Do you remember if she was clothed or unclothed?”

“I don’t, I don’t.”

“Do you remember what she was doing in the moment?”

“No, I don’t.”

“Do you remember if there was a sound?”

“I remember hearing it, the sound of it, but that’s all I do remember.”

“Do you recall if the woman reacted?”

“No, I don’t.”

When asked how he felt after the afterward, he said he didn’t remember other than “I just remember wanting to leave and get out of there” because the whole situation was “awkward” and made him feel “uncomfortable.”

After being allowed to review his previous statements to refresh his memory on the alleged spanking and other incidents, Howden repeatedly said he didn’t have a memory of the incidents but believed what he had said in the statements to be true.

Howden also testified that there was a phone call between him and Dube in the days after the alleged incident in which Dube told Howden “to leave his name out of it.” Howden testified that he had a similar phone call with Cal Foote, in which he was told “to leave his name out.” Howden couldn’t remember who made either call.

When Howden was questioned during the course of the subsequent investigation, he said about Dube’s alleged spanking, “I didn’t bring it up. I didn’t lie but I didn’t bring his name up.”

When pressed by Cunningham as to why, Howden said, “I was asked not to, not to bring him up.”

Howden testified that in Room 209 that night were Michael McLeod, Alex Formenton, Carter Hart, Dube, Foote, Sam Steel, Drake Batherson, Jake Bean, Maxime Comtois and Tyler Steenbergen.

Howden said that he went to McLeod’s room in search of food after returning from Jack’s bar with Batherson, Steel and Jonah Gadjovich. Howden testified the players were just hanging out in the room when E.M. came out of the washroom. Not long after that, Howden said the woman became “flirty” with the players, asking for sex by “chirping guys,” “taunting” and “egging everyone on.”

Earlier in the day, Steenbergen wrapped up his testimony from Sylvan Lake, Alta., where he now lives.

McLeod has been charged with two counts of sexual assault, including one relating to aiding in the offence. Dube, Foote, Formenton and Hart have each been charged with one count of sexual assault. All have pleaded not guilty to their charges.

The Ontario Superior Court of Justice Maria Carroccia is overseeing the judge-only trial, which is in its fifth week.