The trial of Toronto City Councillor Michael Thompson in Bracebridge is set to resume on Wednesday, with the first complainant continuing her testimony. Proceedings were previously delayed due to a defence motion seeking to dismiss the Crown prosecutor and one of the two charges against Thompson, a motion that Justice Philop Brissette has since denied.
Thompson, a longstanding representative for Scarborough Centre (Ward 21), is facing allegations from two women regarding incidents during a Canada Day weekend at a Muskoka cottage in 2022. The allegations include accusations of unwanted physical and sexual contact, which Thompson denies.
On October 25, defence lawyer Leora Shemesh argued that prosecutor Mareike Newhouse had committed prosecutorial misconduct by sharing “evidence” (photographs introduced earlier in the trial) with the first complainant during a preparatory meeting.
“The crown has violated this court’s exclusionary order, and (Newhouse) has deliberately set out to taint the witness’s evidence to gain an unfair advantage,” argued Shemesh in court on October 25. As a remedy, she requested a stay of the charges pertaining to the first complainant “and/or the removal of crown council.”
Newhouse argued that showing witness photographs is not the same as disclosing evidence and that she was following her duty to prepare the witness.
“It’s not telling the witness what the other witness said; it’s not telling the witness what the other witness as asked,” said Newhouse
After considering the lawyers’ arguments, Justice Brissette ruled on November 13 that although Newhouse erred by showing photographs to the complainant before their testimony, it did not merit removing her from the case or dismissing any charges.
Defence Moves To Oust Prosecutor In Michael Thompson Sexual Assault Case In Bracebridge
