Frank Stronach, a billionaire businessman, has been granted a mistrial regarding his sexual assault conviction, a rare post-verdict ruling. This decision leaves Stronach, who is 93 years old, facing just one remaining conviction out of an initial dozen charges. Last month, Stronach was found guilty of sexual assault and the historical offence of indecent assault, stemming from allegations made by two complainants during his trial.
The mistrial for the sexual assault conviction was issued by a judge on Friday after emails from the woman’s lawyer in a separate civil case were presented in court. Leora Shemesh, Stronach’s attorney, contended that these emails contradicted the woman's testimony given in the criminal trial, prompting the court to grant a mistrial—a decision Shemesh characterized as “incredibly rare.” Notably, the court did not hear from the woman prior to declaring the mistrial.
The Ministry of the Attorney General confirmed the occurrence of the mistrial but did not disclose further details. Initially, Stronach faced twelve charges related to allegations dating from the late 1970s to the 1990s, involving seven different complainants. His trial commenced in February, and by the conclusion of arguments in April, prosecutors had withdrawn one charge and concurred that Stronach should be found not guilty on four others.
During the proceedings, the judge indicated that she could not convict Stronach on two additional charges due to the unreliable evidence of one complainant. Consequently, Stronach was left with five charges associated with three complainants before eventually being convicted on two counts. He is scheduled for sentencing regarding his indecent assault conviction in September.
The mistrial specifically pertains to an alleged incident of sexual assault that occurred in the early 1980s. The complainant testified that she dined with Stronach at Rooney’s, a restaurant he owned, and he later invited her to his condominium. According to her account, as she attempted to leave, Stronach allegedly groped her, inappropriately touching her breasts and hips.
Interestingly, the complainant noted that she was subsequently offered a job at Magna International, the company that Stronach founded in the 1950s. Although she worked there for several years, she clarified that she never worked directly with Stronach. In her ruling in June, Superior Court Justice Anne Molloy stated that she was convinced Stronach had briefly groped the woman without her consent, deeming her testimony as compelling and credible.
The other conviction for indecent assault stems from an incident that took place in 1977. The complainant described having dinner with Stronach at Rooney’s and being invited to his apartment. While there, she testified that Stronach momentarily disappeared. Upon returning, he allegedly pushed her over an armchair, lifted her skirt, and attempted to penetrate her underwear, leaving her uncertain if he had removed his own clothing.
This conviction of indecent assault is significant as it pertains to an offence that was recognized in Canadian law at the time of the incident but was later incorporated into the broader charge of sexual assault upon its establishment in 1983. The complex legal landscape surrounding Stronach's case underscores not only the gravity of the accusations but also the challenges inherent in post-verdict rulings.
