Sex assault trial of two former University of Ottawa hockey players nears end

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The two former University of Ottawa Gee-Gees hockey players accused of sexual assault took the stand in their own defence in Thunder Bay on Thursday.

David Foucher, 29, then team captain and Guillaume Donovan, 28, then assistant captain, were charged with sexual assault in an incident in a hotel on Feb. 2, 2014 when the hockey team was in Thunder Bay to play the Lakehead University Thunderwolves.

Police weren’t notified about the alleged assault until Feb. 25, 2014, after a third party reported the incident. The University of Ottawa suspended its men’s hockey program in March 2014. The university also suspended and later fired head coach Réal Paiement.

The trial is now in its second week. The complainant, who can’t be named under a publication ban, testified in graphic detail earlier in the trial.

The woman said she had met another member of the team, Taylor Collins, a rookie on the team, through an online dating app on the night of the incident and the two had consensual sex in Collins’s hotel room, which he shared with Donovan.

“I had noticed in the corner of the room the man was naked and, all of a sudden, there was a man on top of me that wasn’t (Collins) anymore. I vividly remember turning my head and saying, ‘I don’t want this to happen’ and then (Collins) was gone. (Collins) got up to go to the bathroom. There was a guy on top of me having sex with me and his hips thrust against mine as I laid on the bed,” the complaint told the court last week.

“And then he continued to have sex with me and, after that, another man joined … he put his hips in my face, he straddled my body … The man who just had sex with me had said, ‘Just do it. It’s (Collins’s) roommate.’ And then he put his penis in my mouth.”

The alleged victim said how she felt “helpless” because she thought it was Collins and that “I never thought this was going to happen to me. I thought I was smarter than what I was doing.”

On Monday, while questioning the witness, Donovan’s lawyer Christian Deslauriers suggested to the woman that Collins asked her if she was “OK with two.” The woman was adamant in her testimony that she did not agree to a sexual threesome.

Deslauriers asked the woman about a series of text messages sent back and forth between herself and Collins, from Feb. 2, 2014 to March 5, 2014. Deslauriers asked her if she and Collins had tried to make up a story to get police to stop their investigation, and she answered “in a sense,” and agreed that she did try to keep the police out of the situation.

In testimony, the woman’s friend described her as withdrawn and emotionally distressed when she picked her up at the hotel. The friend testified that she went into the hotel and asked reception to call the coach. The friend told the coach there had been an sexual assault and that the captain was involved. The coach seemed surprised and taken aback, she said.

The friend said she received an email from the Gee-Gees coach on Feb. 3, 2014 saying he had a preliminary plan. The friend replied to thank him for taking the allegations seriously and emailed him again later in the month to see if there had been any followup. She said she never received a reply and eventually went to the University of Ottawa’s athletic director with her concerns and received a reply from a representative from the university president’s office. She said she knew the alleged victim wouldn’t approve of her actions, but she felt it was the right thing to do. She was later contacted by Thunder Bay police, who had opened an investigation.

Deslauriers reviewed some of the friend’s statement to police about what she said woman told her in the hotel parking lot, including saying her arms had been held down and the men in the room all took turns. The friend said during re-examination that those are the events as told to her by the woman, but that her own interpretation also plays into her statement to police.

During the alleged victim’s cross-examination on Tuesday, she said she had never told her friend details such as being held down, Collins being pushed off of her and the men taking turns.

Donovan was first to take the stand Thursday. Foucher testified in the afternoon. Crown attorney Marc Huneault questioned Foucher about his role as captain and a leader of the team.

Foucher was also asked about telling his coach that he remembers taking a taxi back to the hotel from a bar the night of the incident, but doesn’t recall which players he shared the ride with. Foucher also told Paiement that from that point, his memory was a blank until he woke up the next morning.

Closing submissions are set to begin at 9 a.m. Friday morning.

With files from the Thunder Bay Chronicle-Journal

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