Why those texts are so important
WARNING: This post contains graphic details.
In a series of texts, Howden tells then teammate Taylor Raddysh he was happy he left the hotel room when he did because Dubé “was smacking the girl’s behind so hard, it looked like it hurt so bad.”
Raddysh, who testified earlier in the trial, is now a forward with the NHL’s Washington Capitals and also doesn’t face any charges.
The two players’ text messages were not entered as evidence originally because they’re considered hearsay — an out-of-court statement that is generally inadmissible over concerns of reliability and accuracy.
Those are the arguments the defence has been making, to keep them off the court record.
Cake, the former Crown attorney who’s now a defence lawyer, says there’s a lot at stake here, for both sides.
“It’s important for the Crown and E.M. because it works to corroborate some of the things that she was saying. When you’re looking at issues of credibility and reliability, one of the things that you’re looking at for reliability are, ‘Is it corroborated by any other piece of evidence?’ So this definitely helps,” he explains.
“In relation to the defence, this is an important piece of evidence to keep out, as would any piece of evidence that implicates your client.”
By the end of Friday, the Crown did manage to get some admissions from Howden on the record.
Cunningham had him read from previous statements he gave to police and Hockey Canada investigators.
One statement included his recollection of hearing the complainant crying. In another, he described feeling “uncomfortable” by Dubé’s alleged slap.