The testimony of the first of two complainants in Toronto city councillor Michael Thompson’s sexual assault case was delayed on Monday when defence lawyer Leora Shemesh stopped her cross-examination, claiming Crown prosecutor Mareike Newhouse tainted the witness’s testimony.
The high-profile case centres around two allegations of sexual assault that occurred during a Canada Day weekend at a Muskoka cottage in 2022. Thompson has pleaded not guilty.
In her testimony, the 35-year-old complainant recounted how she met Thompson through professional channels in 2022, initially viewing him as a potential mentor and networking opportunity. The invitation to the Muskoka cottage, which she believed would be a professional gathering, took an unexpected turn, she said, when she and her friend, the second complainant, found only Thompson and a young woman at the property.
The complainant described feeling pressured when Thompson offered to apply sunscreen to her back, but the situation escalated when he allegedly began touching her buttocks and breasts. She testified that she was intoxicated and felt she had no way to leave the cottage. “It was just easier to say ‘yes’ and then the situation is over,” she said. “I didn’t feel like I had another choice.”
The defence’s cross-examination of the complainant was abruptly halted, with Shemesh citing her intention to file a formal application to remove Newhouse from the case.
“This had been nothing more than crown misconduct,” said Shemesh, who argued that the Crown had improperly shown the complainant photos ahead of her testimony, threatening Thompson’s right to a fair trial. “It’s a clear violation of the court order,” said Shemesh.
Newhouse, in response, strongly denied any misconduct, calling the accusations “frivolous” and a “thinly veiled attempt to delay the trial.” She defended her actions as part of her legal duty to prepare the witness.
Justice Philop Brissette agreed to consider the motion brought by Shemesh, and the trial is set to resume on Friday.