WARNING: This story may affect those who have experienced sexual violence or know someone affected by it.
Coun. Michael Thompson has resigned from Toronto’s FIFA World Cup hosting committee as his ongoing sexual assault trial continues — picking up Friday with his defence arguing the Crown prosecutor for the case should be removed for misconduct.
Thompson is facing two counts of sexual assault for separate alleged incidents involving two women at a Muskoka cottage over Canada Day weekend in 2022. He has pleaded not guilty to both charges.
Thompson had previously resigned from other city hall roles when those charges were first laid two years ago, stepping down as deputy mayor and chair of the Economic and Community Development committee. Then-Mayor John Tory said at the time that it would not be appropriate for Thompson to continue in those roles given the severity of the allegations.
In an email, Mayor Olivia Chow’s office told CBC Toronto that Thompson had informed Chow of his decision to step down from the hosting committee last week.
The news comes as Thompson’s sexual assault trial entered its fifth day before a judge alone in a Bracebridge, Ont., court Friday.
Defence alleges Crown ‘tainted’ witness testimony
Court heard the defence’s application to have the Crown prosecutor removed from the case, or have one of the charges stayed, for alleged misconduct during the trial.
Earlier this week, court heard from the first complainant in the case. The woman, who is in her 30s, testified that Thompson had massaged her under her bathing suit after asking if he could apply sunscreen to her body.
The identities of both complainants and the trial’s first witness are protected under a publication ban.
This video may affect those who have experienced sexual violence or know someone affected by it. A woman accusing Scarborough councillor Michael Thompson of sexual assault took the stand in his trial Monday. CBC’s Lane Harrison has the details.
During defence lawyer Leora Shemesh’s brief cross-examination of the complainant, she asked whether the Crown had shown her photos, which had been introduced to the court and entered as Crown exhibits during another witness’s testimony.
When the complainant said she had seen the photos, which showed the two complainants on the dock of the cottage where the Crown alleges the assaults took place, Shemesh ended her questioning and said she would apply to have Crown prosecutor Mareike Newhouse removed from the case.
Shemesh said the Crown had broken court orders against anyone testifying in the trial hearing or learning what other witnesses had testified in court.
Newhouse argued Friday the Crown did not tell the complainant anything that was said during another witness’s testimony, calling the defence’s application “manifestly frivolous.
“The Crown was absolutely entitled to show these photos to [the complainant] as part of standard witness preparation,” Newhouse told the court. “We really ought to move on with this trial.”
Shemesh argued that the Crown had tainted the complainant’s testimony. She said the photos were “central to challenging the narrative of all three women,” which she said were full of inconsistencies, and the Crown had improperly given the witness a heads up.
She said the prosecution had “trampled and plowed” over the defence’s right to fairly cross-examine a witness.
WARNING: This video may affect those who have experienced sexual violence or know someone affected by it. The sexual assault trial of Scarborough councillor Michael Thompson began in cottage country on Monday. CBC’s Lane Harrison has the details.
After hearing from both sides, Justice Philop Brisette said he didn’t want to be forced to decide on the application that day, but would make his decision in court on Nov. 13.
If the charge in question is stayed, Thompson would still face a sexual assault charge from the other complainant in the case. Should the Crown prosecutor be removed, a new prosecutor would take her place.
The trial is currently scheduled to resume in December.