The Crown is lodging an appeal against an uncommon post-verdict mistrial granted last month in the sexual assault conviction of Frank Stronach. The wealthy entrepreneur was convicted in June of sexual assault and the historical offense of indecent assault in connection to separate allegations made by two women during his trial in Toronto. Following the presentation of emails in court from the woman’s lawyer in a distinct civil complaint, Superior Court Justice Anne Molloy granted a mistrial on the sexual assault conviction weeks later. Stronach’s lawyer, Leora Shemesh, contended that these emails portrayed a narrative inconsistent with the woman’s testimony in the criminal trial. Shemesh mentioned in July to The Canadian Press that the woman was not given an opportunity to speak before the mistrial was declared.
In a notice of appeal submitted on Tuesday, the Crown argues that Molloy made an error by relying on communications assumed to be protected by solicitor-client privilege without first confirming if there could be an exception allowing their use. The Crown also asserts that the judge was mistaken in declaring her inability to resolve the credibility issues brought up by the mistrial application. The Crown is seeking the Ontario Court of Appeal to reinstate the guilty verdict on the sexual assault charge and remand the case to Superior Court for sentencing.
Shemesh expressed disappointment on Tuesday via email, stating her disbelief at the Crown’s decision to contest a judgment made by a seasoned and respected judge. She criticized the appeal as a misallocation of court resources, suggesting that the Crown could instead opt to re-prosecute Mr. Stronach. She also characterized the situation as more politically motivated than legal, likening it to an unending ‘witch hunt.’
Frank Stronach, the founder of Magna International, was initially confronted with a total of twelve charges dating back to the late 1970s and 1990s involving seven complainants. By the conclusion of his trial in April, one charge had been withdrawn, and prosecutors had agreed to find Stronach not guilty on four additional charges. The judge ruled out conviction on two charges based on the evidence of one complainant, deeming it unreliable. This left Stronach facing five charges related to three complainants, ultimately leading to his conviction on two counts. He is scheduled to be sentenced on the indecent assault charge in September.