The Crown is challenging a rare post-verdict mistrial declared recently in the sexual assault case involving Frank Stronach. Stronach, a wealthy businessman, was convicted in June of sexual assault and indecent assault in relation to separate allegations made by two women during his trial 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 civil complaint were presented in court. Stronach’s lawyer, Leora Shemesh, claimed that the emails contradicted the woman’s testimony in the criminal trial and stated that the woman was not given an opportunity to speak before the mistrial decision was made.
In a notice of appeal filed recently, the Crown argues that Justice Molloy made errors in relying on communications presumed to be protected by solicitor-client privilege without first exploring potential exceptions to that privilege. The Crown also contends that the judge was mistaken in stating that she could not resolve the credibility issues raised by the mistrial application. The Crown is seeking to reinstate the guilty verdict on the sexual assault charge and have the case returned to Superior Court for sentencing.
Shemesh expressed disappointment in the Crown’s decision to challenge the judge’s order, calling it a waste of court resources. She suggested that the Crown could simply retry Stronach instead of pursuing the appeal. Stronach, the founder of Magna International, initially faced twelve charges dating back to the late 1970s and 1990s involving seven complainants. During the trial, one charge was withdrawn, and Stronach was found not guilty on four others by agreement of the prosecutors. Ultimately, he was convicted on two counts of the remaining charges. He is scheduled for sentencing on the indecent assault charge in September.