Stronach Trial Update: Judge to Enter Not Guilty Verdict on Attempted Rape Charge as Final Witness Testifies

Ontario Superior Court Justice Anne Molloy has indicated she will enter a not guilty verdict on a charge of attempted rape connected to one of the complainants in the sexual assault trial of Frank Stronach. The decision comes after Crown prosecutor Jelena Vlacic conceded that the evidence failed to meet the necessary threshold of proof beyond a reasonable doubt.

The proceedings, currently taking place in Toronto, have seen significant developments regarding the number of charges and the testimony of the final complainant. While Stronach faces nine charges instead of the original twelve, the trial continues with the defense preparing its case and the Crown moving to withdraw a separate allegation against a previous witness.

Crown Concedes on Attempted Rape Charge

The legal maneuvering regarding the attempted rape charge began earlier in the week when defence lawyer Leora Shemesh announced she would be arguing for a directed verdict on the count. Shemesh had previously stated that she did not believe the allegation, which reportedly occurred in 1977, met the definition of attempt rape under the previous version of the Criminal Code.

On Friday, Crown prosecutor Jelena Vlacic appeared before Justice Molloy to explain the prosecution's decision. Vlacic stated that the charge "does fall short" in terms of meeting the standard of proof required for a conviction.

Justice Molloy agreed with the assessment, noting that the Crown had conceded it could not meet the necessary threshold on the mens rea, or mental state, of the accused. Consequently, the judge indicated she will enter a not guilty verdict on that specific count.

This development reduces the number of charges Stronach faces. Although he initially pleaded not guilty to 12 charges involving seven complainants, the removal of the attempted rape charge leaves him with nine charges to answer.

Final Complainant Testifies on Feelings of Trapped

The trial concluded its phase of witness testimony on Monday with the appearance of the seventh and final complainant. The witness described an encounter that occurred decades ago in a downtown condo, characterizing the interaction as a struggle rather than a consensual meeting.

According to the testimony, the woman was overpowered and sexually assaulted. She described the event as a "tug of war," recounting how Stronach grabbed the crotch of her pantyhose and "just yanked," tearing it in one strong movement. She noted that the sound of the ripping was something she would never forget.

When asked about her state of mind during the assault, the complainant testified that she felt paralyzed and sobbed quietly. "I just lay there with both hands just by my side and let him do what he wanted to do," she said. She further described feeling trapped, stating, "I just lay there with both hands just by my side and let him do what he wanted to do."

The witness confirmed that after the encounter, she realized Stronach had ejaculated inside her. She is the last of seven women to testify at the auto-parts billionaire's trial.

Controversial Testimony and Withdrawn Charges

The trial has been marked by intense legal arguments surrounding the testimony of a previous complainant. That witness alleged Stronach raped her on Valentine's Day in 1986. However, the Crown has determined there is no longer a reasonable prospect of conviction on a charge related to her.

Prosecutor Jelena Vlacic informed the court that the prosecution is seeking to withdraw a charge related to another woman whose volatile testimony left the judge questioning whether the defence was being given a fair chance to test her evidence. Vlacic added that the criminal justice system can be a challenging place for individuals with mental health issues.

Justice Molloy abruptly ended the testimony of this specific witness last week after reporting that she overheard the witness threaten to kill herself. The Crown subsequently withdrew a charge of forcible confinement and sought to withdraw a charge of sexual assault related to that complainant.

Future Trials and Jurisdiction

Frank Stronach, who is 93 years old, appeared in a virtual court hearing on Thursday from his home in Aurora to elect for a judge-alone trial. During the proceeding, defence lawyer Leora Shemesh confirmed that Stronach elected to be tried by Justice Molloy without a jury. Crown attorney Jelena Vlacic consented to the re-election from a jury to a judge-alone trial.

Stronach is scheduled to stand trial on multiple sexual assault charges in Toronto next February. The proceedings will take place before Justice Anne Molloy, a respected and experienced judge known for overseeing numerous high-profile cases.

Separate from the Toronto proceedings, Stronach is scheduled to have a separate jury trial at the Newmarket courthouse next year on five other sexual assault charges that allegedly occurred in York Region. The alleged incidents there date back to 1999, with the most recent allegedly happening in April 2023. No preliminary hearing was held on the Newmarket charges.

Next Steps and Pending Decisions

As the trial moves forward, the focus remains on the remaining nine charges. The defence is currently preparing its case, which is expected to begin next week. Justice Molloy has indicated that she did not think "now is the time" to enter the not guilty verdict on the attempted rape charge, though she confirmed the verdict would be entered.

Justice Molloy also mentioned that a not guilty verdict would be entered on charges related to the sixth of the seven complainants, but she did not specify when that decision would be made. The sixth complainant had taken the stand last week but did not finish cross-examination due to health concerns.

The Crown has determined there is no longer a reasonable prospect of conviction on a charge related to another complainant, leading to the withdrawal of that specific allegation. The trial will continue with the defence presenting its arguments before the judge, who will ultimately determine the outcome of the remaining charges.