THUNDER BAY – A Thunder Bay judge has found two former Ottawa University hockey players not guilty of sexual assault following an incident that took place in a local hotel room in 2014.
Justice Chantal Brochu handed down her verdict in a Thunder Bay courtroom on Monday for the case against Guillaume Donovan, 27, and David Foucher, 28, former players with the University of Ottawa Gee-Gees hockey team.
Donovan and Foucher were charged with allegedly sexually assaulting a 21-year-old Thunder Bay woman on Feb. 2, 2014. Both players pleaded not guilty.
The alleged incident took place in a Thunder Bay hotel room following a two-game series between the University of Ottawa Gee-Gees and the Lakehead University Thunderwolves.
When delivering her verdict, Brochu said Donovan and Foucher were by no means gentleman the night of the alleged assault and said there was a high level of intoxication, but she has no reason to question their testimony during which they said the woman consented.
The credibility of the complainant's testimony was called into question, however, with Brochu citing several instances when her version of events differed when talking to police and during her testimony.
Defense attorneys, Christian Deslauriers and Celina St. Francois, representing Donovan and Foucher respectively, spoke on behalf of their clients following the verdict, saying it is a huge relief for both Donovan and Foucher.
"My client has been vindicated after all this time fighting for justice," Deslauriers said. "Obviously the Judge went far in her judgment in saying she believes the accused, that they are credible when they explained what happened. Not only did she have a reasonable doubt but she went further and said she believed the accused. I think in the circumstances it was the best result we could achieve."
The trial against Donovan and Foucher, which saw several delays, opened on Feb. 5, 2018 in Thunder Bay and had several witnesses testify throughout the 10 days of proceedings.
Crown prosecutor, Marc Huneault called five witnesses to testify, including two former Gee-Gees players, the complainant, her friend, and the University of Ottawa Gee-Gees former head coach.
During testimony, it was revealed that the complainant connected with a member of the Ottawa team through an online dating app and met at a local bar. She then accompanied the player to a local hotel where the two engaged in consensual sex.
The complainant testified that during the encounter she observed Donovan and Foucher in the room and she said they began to perform sexual acts on her without her consent. She testified she felt helpless and scared.
In his defense, Donovan testified that he engaged in sexual activity with the woman after she consented, adding that Foucher was also in the room. Foucher first told the Gee-Gees head coach the day after that his memory of the night was a blank, but during testimony he recalled being inside the room but said he did not touch the woman.
"The judge expressed herself that she believed the accused and since she believed the accused when he explained that the victim consented to his participation, I think the issue of consent was not an issue anymore," Deslaurier said. "We obviously knew she had consented and I thought it was important that my client take the stand and explain that to the judge."
Former Gee-Gees coach, Real Paiement, testified Donovan told him the day after that it was a consensual threesome between the complainant, Donovan, and another player.
The Ottawa University hockey program was suspended following the allegations of sexual assault and Paiement was removed from his position as head coach.
Despite Justice Brochu saying Donovan and Foucher were not on their best behaviour that night, St. Francois said their names are completely cleared.
"What Justice Brochu had specified was obviously they may not have been on their best behaviour that night, but there was certainly no criminal behaviour that night," she said.
But St. Francois and Deslaurier said the last four years will have a lasting impact on their clients, who lost opportunities moving forward with their hockey careers.
"It’s the worst kind of accusations," Deslaurier said. "Obviously it is difficult. It’s been very long. Lots of opportunities missed for sure. Their hockey career is basically over."
"They want to move on," St. Francois added. "It has been tough these last four years and they want to move on with their lives."
