The Crown is contesting an unusual post-verdict mistrial that was declared last month in the sexual assault case against Frank Stronach.
The billionaire entrepreneur was convicted in June of sexual assault and a historical charge of indecent assault stemming from distinct allegations made by two women during his trial in Toronto.
The mistrial concerning the sexual assault conviction was granted weeks later by Superior Court Justice Anne Molloy after emails from the woman’s lawyer in a separate civil case were introduced in court.
Leora Shemesh, Stronach’s attorney, claimed that these emails presented a narrative that conflicted with the woman’s testimony during the criminal proceedings.
In July, Shemesh informed The Canadian Press that the woman had not testified before the mistrial was declared.
In a notice of appeal submitted on Tuesday, the Crown contends that Justice Molloy made an error by relying on communications she presumed to be protected by solicitor-client privilege without first assessing whether any exceptions to that privilege might permit their use.
The Crown also asserts that the judge made a mistake in stating she was unable to resolve the credibility concerns raised by the mistrial motion.
The Ontario Court of Appeal is being asked by the Crown to reinstate the guilty verdict for the sexual assault charge and to return the case to Superior Court for sentencing.
Magna founder Frank Stronach has been found guilty of one count of sexual assault and one count of indecent assault on charges related to two women. Stronach also faces another sexual assault trial next year, involving six complainants.
Stronach initially faced a dozen charges
Shemesh expressed her “incredible disappointment” in an email on Tuesday regarding the Crown’s decision to challenge a “highly discretionary order” made by a respected and experienced judge.
She stated, “This appeal squanders valuable court resources — especially since the Crown can simply retry Mr. Stronach.”
She also remarked, “It is difficult not to perceive this as more political than legal. In fact — it feels like an unending ‘witch hunt’ that persists.”
Stronach, who established the auto parts firm Magna International, originally faced twelve charges related to allegations spanning from the late 1970s to the 1990s involving seven complainants.
By the conclusion of the trial arguments in April, prosecutors had dropped one charge and concurred that Stronach should be acquitted on four additional counts.
The judge then indicated that she could not convict him on two remaining charges due to the unreliable testimony of one complainant. This left Stronach with five charges concerning three complainants before ultimately being convicted on two counts.
He is scheduled to be sentenced for the indecent assault conviction in September.