RECAP | Crown suggests inconsistencies in NHLer Brett Howden’s testimony at trial of ex- world junior players

Court has ended for the day, so we’re winding down our live updates. Thanks for reading along.

If you’re just getting here, scroll down to get caught up on how the proceedings unfolded.

Tomorrow, assistant Crown attorney Meaghan Cunningham will try to convince Justice Maria Carroccia to allow her to cross-examine Brett Howden on alleged inconsistencies in his testimony today.

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Howden has been dismissed for the day after assistant Crown attorney Cunningham said she wants to deal with what she believes are inconsistencies in his testimony.

Cunningham is suggesting that Howden, the Crown’s witness, made inconsistent statements compared to evidence he gave previously to investigators.

WARNING: This post contains graphic details.

Howden told court that before he was set to be interviewed by Robitaille, he received two calls, one from Dubé and another from Foote.

He said both asked him not to bring up what they are now accused of doing. (Dubé spanking the woman and Foote doing the splits over the woman.)

Cunningham also asks Howden about a message he sent that said: “Nobody forced her to do anything, if anything we should put allegations on her.”

Cunningham asks Howden what he meant by the word “allegations.”

Howden said he was just trying to say that the woman was the one who started it all and put the players in that situation.

Assistant Crown attorney Cunningham asks Howden about one of the messages he sent to the group chat that began after the players learned Hockey Canada was doing an investigation.

Howden texted to the group that all they had to say is that while they were in the hotel room, the woman started begging for sex and that nobody would do it. But as time went on, she gave three guys oral sex, and that’s when “things started to get out of hand.”

(Howden has previously testified he saw two defendants receive oral sex — McLeod and Hart. When asked about this message and his reference to three, he said at the time he thought maybe Formenton had also received oral sex.)

Howden testified that he was just trying to say what happened and “being honest” about the situation.

Howden has repeatedly said he doesn’t remember some of the details about what happened in the hotel room that night.

But Cunningham keeps referring him to a 2018 interview with Danielle Robitaille, the Hockey Canada investigator, suggesting he recalled more details of that night during his interview with her than he can recall today.

Howden says that referring to that interview has mostly not helped him recall details of that night.

Court was discussing previous testimony of Howden, without his presence, about whether he saw Dubé spank the buttocks of the woman.

The Crown has suggested Howden may have contradicted himself in his testimony, so his testimony was played back.

Ontario Superior Court Justice Maria Carroccia said his evidence was that he remembers the spanking but he doesn’t remember seeing it.

Howden was brought back to court via video link and he was again asked by Cunningham to clarify what he saw regarding the spank.

Howden was asked how he knew it was Dubé doing the spanking.

Howden said he didn’t have a memory of seeing it, but he knew it was Dubé, although Howden acknowledged he didn’t really know how this could be.

Court is back, but the judge has asked the witness, Brett Howden, to disconnect from the proceedings so she can discuss a matter with the lawyers.

Howden is testifying remotely via video link from Las Vegas, where he plays in the NHL.

Proceedings are slated to resume around 2:15 p.m. ET.

Assistant Crown attorney Meaghan Cunningham will continue questioning Howden after the break.

WARNING: This post contains graphic details.

Howden said he doesn’t recall saying anything to Formenton as he was going to the bathroom with the woman.

Howden remembered seeing them walk toward the bathroom, he said, but he doesn’t remember seeing them shut the door, hearing any sounds from the bathroom or seeing them exiting from it.

He said he doesn’t remember seeing anyone else make physical contact with the woman.

Assistant Crown attorney Cunningham asked Howden to refer to text exchanges he had with former teammate Taylor Raddysh back in 2018, in which he refers to defendant Dillion Dubé spanking the woman on the buttock.

Howden said he does remember that spanking happening, but no details, and that he wanted to leave the room because he felt uncomfortable.