The Crown is appealing a recent court decision to declare a mistrial following Frank Stronach’s sexual assault conviction. Stronach, a wealthy entrepreneur, was convicted of sexual assault and indecent assault in June in connection with allegations made by two women during his trial in Toronto. The mistrial for the sexual assault charge was granted by Superior Court Justice Anne Molloy after emails were presented in court from one of the women’s lawyers in a separate civil case. Stronach’s lawyer, Leora Shemesh, argued that these emails contradicted the woman’s testimony during the criminal trial, which was not addressed by the court before the mistrial was declared.
In a notice of appeal filed recently, the Crown contends that Justice Molloy made errors by assuming that certain communications were protected by solicitor-client privilege without investigating possible exceptions to that privilege. Additionally, the Crown argues that the judge was wrong in stating that she could not resolve the credibility issues raised by the mistrial application. The Crown is seeking to reinstate the guilty verdict for the sexual assault charge and have the case returned to the Superior Court for sentencing.
Initially facing twelve 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to the late 1970s and 1990s involving seven complainants, Stronach, the founder of Magna International, had one charge withdrawn and was found not guilty on four others before being convicted on two counts. The judge dismissed two charges based on the unreliability of a complainant’s evidence, leaving Stronach with five charges related to three complainants. He is scheduled for sentencing in September on the indecent assault conviction.
Stronach’s lawyer, Leora Shemesh, expressed disappointment in the Crown’s decision to challenge the judge’s ruling, calling it a misuse of court resources, as they could simply retry Stronach. She suggested that the appeal appeared more politically motivated than legally necessary, likening it to an ongoing “witch hunt.” Following the recent developments, the town of Aurora, Ontario, announced plans to remove Stronach’s name from a recreation complex in response to his sexual assault conviction.
