The Crown is challenging a rare post-verdict mistrial declared recently in the sexual assault case of Frank Stronach. The billionaire entrepreneur was convicted in June of sexual assault and indecent assault in relation to separate allegations by two women. The mistrial on the sexual assault charge was granted by Superior Court Justice Anne Molloy after emails from the woman’s lawyer in a civil complaint were presented in court. Stronach’s lawyer, Leora Shemesh, claimed that these emails contradicted the woman’s testimony during the criminal trial.
The Crown filed a notice of appeal, arguing that Justice Molloy made a mistake by assuming that the communications were protected by solicitor-client privilege without exploring potential exceptions. The Crown also contends that the judge erred by stating she could not resolve the credibility issues raised by the mistrial application. The Crown is seeking to reinstate the guilty verdict on the sexual assault charge and have the case returned to Superior Court for sentencing.
Initially facing a dozen charges dating back to the late 1970s to 1990s involving seven complainants, Stronach had one charge withdrawn and was found not guilty on four others by the end of the trial in April. The judge determined that she could not convict him on two charges based on the unreliable account of one complainant. This left Stronach with five charges related to three complainants before being convicted on two counts. He is awaiting sentencing on the indecent assault conviction scheduled for September.
Shemesh expressed disappointment over the Crown’s decision to challenge the judge’s order, labeling it a waste of court resources. She criticized the appeal as potentially more political than legal, likening it to an ongoing ‘witch hunt.’ Stronach, the founder of Magna International, faces another sexual assault trial next year involving six additional complainants.
