The Crown is challenging a rare post-verdict mistrial declared recently in the sexual assault case of Frank Stronach. The billionaire was convicted of sexual assault and indecent assault in June, stemming from separate allegations by two women in Toronto. The mistrial on the sexual assault charge was granted by Superior Court Justice Anne Molloy after emails from the woman’s lawyer in a different civil case were presented in court.
Stronach’s lawyer, Leora Shemesh, argued that the emails presented a conflicting narrative to the woman’s testimony at the criminal trial. Shemesh mentioned that the woman was not heard before the mistrial was declared. In a notice of appeal filed, the Crown contends that Molloy made errors in relying on communications assumed to be privileged without exploring potential exceptions and in addressing credibility issues.
The Crown is seeking to reinstate the guilty verdict on the sexual assault charge and have the case returned to Superior Court for sentencing. Stronach, the founder of Magna International, initially faced a dozen charges dating back to the late 1970s through the 1990s, involving seven complainants. During the trial, one charge was withdrawn, and Stronach was acquitted of four more charges. The judge found the evidence of one complainant unreliable, leading to convictions on two counts out of the remaining five charges.
His sentencing for the indecent assault conviction is scheduled for September. Shemesh expressed disappointment in the Crown’s decision to appeal, labeling it a misuse of court resources and insinuating political motivations behind the move. She criticized the appeal as unnecessary, suggesting that a retrial would be a more appropriate course of action.