The Crown is appealing a post-verdict mistrial declared last month in the sexual assault conviction of Frank Stronach, a prominent billionaire. In June, Stronach was found guilty of sexual assault and indecent assault based on accusations from two women in his Toronto trial. The mistrial on the sexual assault charge was granted by Superior Court Justice Anne Molloy after emails were presented in court from the woman’s lawyer in a separate civil complaint. Stronach’s lawyer, Leora Shemesh, claimed that these emails contradicted the woman’s testimony during the criminal trial.
The Crown filed a notice of appeal, arguing 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. Additionally, the Crown contends that the judge erred in stating she could not resolve the credibility issues raised by the mistrial application. The appeal is seeking to reinstate the guilty verdict for the sexual assault charge and remand the case to Superior Court for sentencing.
Initially facing a dozen charges dating back to the late 1970s and 1990s, involving seven complainants, Stronach saw one charge withdrawn and was acquitted of four others by the time his trial concluded in April. The judge found one complainant’s evidence unreliable, leading to the dismissal of two charges, leaving Stronach convicted on two counts related to three complainants. Sentencing for the indecent assault conviction is scheduled for September.
In response to the Crown’s appeal, Shemesh expressed disappointment, labeling the challenge as a misuse of court resources, suggesting that the Crown could opt for a retrial instead. She characterized the appeal as more of a political move than a legal necessity, likening it to a relentless pursuit that seems unending. Stronach, the founder of Magna International, awaits his sentencing in September.