The Crown is contesting an uncommon post-verdict mistrial that was declared last month in the case involving Frank Stronach’s sexual assault conviction.
In June, the billionaire entrepreneur was convicted of sexual assault and the historical offence of indecent assault, which pertained to distinct accusations made by two women during his trial in Toronto.
The mistrial regarding the sexual assault conviction was granted weeks later by Superior Court Justice Anne Molloy after emails from the woman’s attorney related to a separate civil case were introduced in court.
Stronach’s attorney, Leora Shemesh, claimed that those emails presented a narrative that contradicted the woman’s statements during the criminal proceedings.
In July, Shemesh informed The Canadian Press that the court did not hear from the woman before the mistrial was announced.
In an appeal notice submitted on Tuesday, the Crown contends that Molloy made an error by depending on communications she believed were protected by solicitor-client privilege without first considering if any exceptions to that privilege could apply.
The Crown further argues that the judge erred by stating she was unable to address the credibility issues raised by the mistrial request.
The Ontario Court of Appeal is being asked to reinstate the guilty verdict for the sexual assault charge and return the case to Superior Court for sentencing.
Magna founder Frank Stronach has been found guilty of one count of sexual assault and one count of indecent assault on charges related to two women. Stronach also faces another sexual assault trial next year, involving six complainants.
Stronach initially faced a dozen charges
Shemesh expressed in an email on Tuesday her “incredible disappointment” regarding the Crown’s decision to contest a “highly discretionary order” made by a respected and experienced judge.
She stated, “This appeal is a misuse of valuable court resources — given that the Crown can simply pursue a new prosecution against Mr. Stronach.”
She also remarked, “It’s difficult not to perceive this as more of a political issue than a legal one. In fact — it feels like an unending ‘witch hunt’ that simply won’t conclude.”
Stronach, who established the auto parts company Magna International, originally faced twelve charges stemming from allegations made between the late 1970s and 1990s involving seven accusers.
By the conclusion of his trial arguments in April, prosecutors had dropped one charge and agreed that Stronach should be acquitted on four additional charges.
The judge subsequently stated she could not convict him on two other charges due to the testimony of one complainant, whose account she deemed unreliable. This left Stronach with five charges linked to three complainants, culminating in his conviction on two counts.
He is scheduled to be sentenced for the indecent assault conviction in September.
