Defence closes its case in sex assault trial of Frank Stronach

< warm>WARNING: This story references sexual assault allegations and may impress those who feature experient​ ​​​sexual force or know someone affected by it.

The defence team for Frank Stronach wrapped up its evidence on Wednesday by seeking to undermine the credibility of the initial investigation of the sexual assault allegations made against the Canadian businessman.

With both the Crown and the defence finished presenting their evidence, Ontario Superior Court Justice Anne Molloy will hear closing submissions at the end of the month.

Leora Shemesh, Stronach's lawyer, is also seeking a stay of proceedings and is expected to argue after closing submissions that the Crown was guilty of an abuse of power, alleging they coached some of the witnesses before the trial.

She ended the evidence portion of her case on Wednesday by questioning two police officers who were part of the special victims unit that investigated the allegations against Stronach.

Shemesh spent most of the day seeking to undermine the thoroughness of their investigation.

"Do you ever investigate the veracity of the allegations? Do you ever actually challenge the narratives you're being given," Shemesh asked Peel Region police officer Gabe Di Nardo, one of the investigating officers.

Di Nardo said he assumes people are telling the truth and that they will only investigate if they have information to believe people were lying.

The Canadian billionaire sex assault trial, explained

Stronach faces a total of seven charges, related to four of the initial seven complainants in the trial.

He initially faced 12 counts with allegations spanning the period between 1977 and 1990. But Crown prosecutor Jelena Vlacic has told court that five of those would be withdrawn, as there was no longer a reasonable prospect to convict Stronach on those charges.

The 93-year-old founder of auto-parts giant Magna International has denied the allegations and has pleaded not guilty to all charges.

Di Nardo agreed with Shemesh that when the seven complainants made their statements to police, they were never told to tell the truth.

He also agreed that a commissioner of oaths was never utilized to have the complainants swear to tell the truth and that none of the complainants were cautioned about the implications of lying.

Di Nardo said it was his practice to only caution complainants or witnesses if there was evidence or information to suggest that someone's lying.

Shemesh zeroed into some of the specifics of the investigation. She referred to the first complainant to testify, who had testified that she had worked at stables owned by Stronach, grooming horses.

Beverly Buck, a horse trainer who worked at the stables, testified earlier this week that she had no recollection of that complainant working there. Buck had also previously told police that she didn't remember the complainant.

Asked whether that caused any ambiguity in his mind, Di Nardo said just because Buck didn't remember the complainant didn't mean the complainant was lying.

Shemesh also asked Di Nardo whether there was any attempt to access records to determine the fleet of motor vehicles Stronach owned. The seventh complainant to testify said that Stronach had picked her up at her apartment driving a Porsche, something the defence has suggested he never owned.

Di Nardo said the investigative team determined that because of his wealth, Stronach may have owned many cars, and that wouldn't prove or disapprove that he wasn't driving that particular car on that day.

"But what if the dozens and dozens of cars didn't include a Porsche," Shemesh asked.

"It could be one that he borrowed that day," Di Nardo said.

Shemesh also asked Di Nardo whether police ever contacted the Canada Border Services Agency (CBSA) for records to determine if Stronach was out of the country for some of the dates the alleged assaults are said to have occurred.

Di Nardo said they didn't see the value in that.

Breaking down charges withdrawn in sexual assault trial of Frank Stronach

"When you say we didn't see the value, you need to determine whether or not he had an alibi, no value in that," Shemesh asked.

Di Nardo said that the majority of the dates of when the alleged assaults occurred were wide ranging and not specific.

But he agreed that for a couple of the dates that are more specific, checking with the CBSA would have helped.

Di Nardo also acknowledged to Shemesh that no one investigated to confirm the address of a midtown apartment where the third complainant to testify alleged Stronach assaulted her, or any connection Stronach may have had to that rental unit.

The woman had told court she wouldn't be able to recognize the building because they all looked alike, but she could recollect what street it was on.

Shemesh also questioned Ted Misev, the officer in charge of the investigation, asking him about what appeared to be a common theme: that every time there was a preparatory meeting with a complainant, a new statement with new information was offered.

"No one seems all that concerned about that. 
Were you concerned about that," Shemesh asked.

Misev said it's very common in any type of special victims unit case that after a complainant reviews their statement following a significant amount of time, there's a new memory and new information comes out.

Shemesh asked, if instead it has to do with the fact that people have not been cautioned, may think they are having an informal discussion with the police and can change their statement anytime they want. 


Misev disagreed.

He was also asked about some of the investigative avenues police didn't take, including a failure to check with the Canada Border Services Agency to determine if Stronach may have been out of the country.

Misev said he didn't look into it because, based on previous investigations, he already had knowledge that CBSA only keeps records that go back seven to 10 years.

Last week, the Crown rested its case, having heard from seven women whose allegations against Stronach included sexual assault and the historical charge of rape.

Many of the women told similar stories — meeting Stronach at Rooney's, the Toronto restaurant he used to own, and then accepting an invitation back to his Harbourfront condo. It's there where they allege he sexually assaulted them.

The Crown called eight witnesses — the initial seven complainants and the friend and co-worker of the final complainant — to testify.

Senior Reporter

Add some “good” to your morning and evening.

Subscribe to the Toronto News Digest for local news from across the GTA, in your inbox every weekday evening.

---

---