The Crown is challenging a rare post-verdict mistrial declared recently in the sexual assault conviction of businessman Frank Stronach. Stronach, a billionaire, was convicted in June of sexual assault and indecent assault related to 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 from the woman’s lawyer in a separate civil case were presented in court. Stronach’s lawyer, Leora Shemesh, argued that these emails contradicted the woman’s testimony during the criminal trial.
The Crown has filed a notice of appeal, claiming that Justice Molloy made an error by assuming that the communications were protected by solicitor-client privilege without first exploring potential exceptions that would allow their use. Additionally, the Crown contends that the judge was mistaken in stating that she could not address the credibility concerns raised by the mistrial application. The Crown is seeking to reinstate the guilty verdict on the sexual assault charge and send the case back to Superior Court for sentencing.
Initially facing a dozen charges dating back to the late 1970s and 1990s involving seven complainants, Stronach, the founder of Magna International, had one charge withdrawn and was found not guilty on four others by the end of the trial proceedings in April. The judge ruled out two charges based on the unreliable testimony of one complainant, leaving Stronach with five charges related to three complainants before being convicted on two counts. He is scheduled to be sentenced for the indecent assault conviction in September.
Shemesh expressed disappointment with the Crown’s decision to challenge the mistrial order, calling it a misuse of court resources since they could retry Stronach. She suggested that the appeal may have political motivations rather than legal ones, describing it as an ongoing “witch hunt” against Stronach.
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