Was 色色啦 Coun. Michael Thompson a sexual predator at a friend鈥檚 Muskoka cottage or a victim of a 鈥渨itch hunt鈥 by three women seeking a #MeToo moment?
Those competing versions were put to Ontario Court Justice Phil Brissette on Monday as the prosecution and defence presented their closing arguments in a trial that began last fall in Cottage Country. The 65-year-old has pleaded not guilty to two counts of sexual assault against two women whose identities are protected under a publication ban.
In her closing arguments Monday, Crown attorney Mareike Newhouse said that while Thompson denies much of what is said to have happened at the cottage on the Canada Day weekend three years ago 鈥 including allegedly molesting a woman while applying sunscreen, and later forcing himself on her friend in the middle of the night 鈥 his account was undermined by the Crown鈥檚 three witnesses.
The women 鈥 the two complainants and another visitor to the cottage 鈥 were all credible, compelling and generally consistent with each other, even if their evidence wasn鈥檛 always in sync 鈥 if it was, 鈥渢hat would actually be suspicious,鈥 Newhouse said.
By contrast, she said, Thompson was not credible. 鈥淗e was not honest with this court. His evidence should not be believed, and it ought not leave your Honour with any doubt about his guilt.鈥
Newhouse told the judge that if he accepts the evidence of the complainant who alleges a non-consensual, late-night encounter, then there鈥檚 no question he鈥檚 guilty of sexually assaulting her. The prosecutor acknowledged the evidence of the woman involved in the sunscreen incident 鈥渋s a little bit more challenging,鈥 since she testified at one point she may have given her consent.
鈥淒id you want any of this to be happening,鈥 the prosecutor asked the woman at Coun. Michael Thompson鈥檚 continuing sex assault trial. 鈥淣o,鈥 she said.
鈥淒id you want any of this to be happening,鈥 the prosecutor asked the woman at Coun. Michael Thompson鈥檚 continuing sex assault trial. 鈥淣o,鈥 she said.
For her part, defence lawyer Leora Shemesh argued the Crown did not prove its case with respect to either woman. The prosecution鈥檚 three witnesses lied about what took place, for reasons that 鈥渃ontinue to be a mystery,鈥 she said.
鈥淭his was a witch hunt for Mr. Thompson, and it was and is deeply obvious. It was an evolution of a fabricated narrative designed by women who had their own independent, twisted motivations,鈥 she said. She suggested the 鈥渢itle of this script鈥 should be 鈥淢e Too,鈥 referring to the #MeToo social movement and awareness campaign against sexual abuse.
Thompson gave a 鈥渞aw and real account鈥 about what happened at the cottage in an honest and forthright manner, she said. He had no difficulties with memory or inconsistencies, and his evidence was 鈥渃ompletely unchallenged in any material way.鈥
Newhouse asked the judge to reject the notion of a witch hunt, saying there鈥檚 no evidence of any motive to fabricate. One of the women 鈥 a university student 鈥 didn鈥檛 know the two complainants before the weekend and isn鈥檛 claiming she was sexually assaulted by Thompson. This idea that she 鈥渃ame to court to not accuse Mr. Thompson of any crime ... doesn鈥檛 make sense.鈥
色色啦 Coun. Michael Thompson鈥檚 first week of testimony ended with yet another delay in proceedings 鈥 this time over whether the Crown was
色色啦 Coun. Michael Thompson鈥檚 first week of testimony ended with yet another delay in proceedings 鈥 this time over whether the Crown was
Throughout the protracted trial, the prosecution tried to establish that Thompson used his power as an elected official 鈥 he was one of 色色啦鈥檚 deputy mayors at the time 鈥 to lure the university student to the cottage under the false pretences of a 鈥渘etworking opportunity.鈥
Shemesh said Thompson鈥檚 intentions toward the student are irrelevant to what the judge has to decide and suggested Newhouse had been moralizing with her line of questioning. 鈥淭here鈥檚 nothing illegal about being with a younger woman鈥 who is also an adult who made her own decisions, she said.
Newhouse denied she was moralizing; rather, she was underscoring inconsistencies in his evidence and credibility. While Thompson repeatedly denied having any interest in the student, Newhouse showed a text message where Thompson asked her to send him a picture of herself.
Shemesh said the judge鈥檚 decision shouldn鈥檛 come down to 鈥渨hich narrative鈥 he prefers, and in the end he might not know who to believe. If that鈥檚 the case, he must then acquit.
The trial began in Bracebridge and moved to Barrie before ending Monday in Bradford. The judge will deliver his decision in Midland on Sept. 16.
Thompson has been on council since 2003 and represents Scarborough Centre (Ward 21).