The prosecution is appealing a unique mistrial declared after the verdict in Frank Stronach’s sexual assault case last month. The wealthy entrepreneur was convicted of sexual assault and indecent assault in June, based on accusations from two women during his Toronto trial. The mistrial on the sexual assault charge was granted by Superior Court Justice Anne Molloy a few weeks later following the presentation of emails from the woman’s lawyer in a separate civil case.
Stronach’s lawyer, Leora Shemesh, argued that the emails presented a different narrative compared to the woman’s testimony in the criminal trial. Shemesh expressed that the woman was not heard before the mistrial was declared. In a notice of appeal filed recently, the Crown contends that Justice Molloy made errors in assuming the emails were protected by solicitor-client privilege without exploring potential exceptions and in stating her inability to resolve credibility issues raised in 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facing twelve charges dating back to the late 1970s to 1990s involving seven complainants, Stronach had one charge withdrawn and was found not guilty on four more during the trial. The judge deemed the evidence of one complainant unreliable, leading to Stronach’s conviction on two counts. He is scheduled for sentencing on the indecent assault conviction in September.
Shemesh expressed disappointment in the Crown’s decision to challenge the judge’s order, calling it a misuse of court resources, suggesting a political motive rather than a legal one. Stronach, the founder of Magna International, is at the center of a legal battle that continues to unfold.
