Frank Stronach's sex assault conviction no longer stands after surprise mistrial declared
· Toronto Sun
Canadian billionaire Frank Stronach no longer faces a sexual assault conviction after a surprise mistrial was declared by a judge on Friday, according to reports by Postmedia .
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Ontario Superior Court Justice Anne Molloy made the finding because she was told the lawyer for the complainant, a former cocktail waitress known only as A.S. who once worked in a bar owned by Stronach before getting fired, clumsily attempted to get money through Stronach’s lawyer.
Stronach’s lawyer Leora Shemesh alleged to Molloy that the complainant’s lawyer, Shale Wagman, contacted her to “extract money,” without formally going through litigation.
Shemesh told Molloy that Wagman allegedly said he would accept nearly a million dollars based on $275,000 damages, $25,000 in legal fees, and interest since the early 1980s.
Shemesh argued there was risk of a miscarriage of justice because the story of the alleged crime provided by Wagman was different than what his client testified in court.
One example was that A.S. was afraid of seeing Stronach after the assault, and that he “smirked” at her, which Molloy said substantially contradicted her testimony.
While this discussion was described in open court, lawyers and the judge avoided any great detail pending the judge’s decision about whether it was privileged.
Molloy concerned about risk to justice
Molloy said she agreed with the concern about risk to justice.
“Wouldn’t he have read my decision?” Molloy asked rhetorically.
The judge discussed potentially calling Wagman as a witness to see whether he was operating on the instructions of his client and whether A.S. actually told him the contradictory details he said to Shemesh.
Molloy called the situation “bizarre.”
Previously Wagman has been found by the Law Society of Ontario to have engaged in professional misconduct, once by communicating with opposing counsel in an abusive and offensive manner, and once by mishandling money.
His licence was briefly suspended.
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Stronach still guilty of indecent assault in another case
Stronach still has been convicted of indecent assault involving another woman, a legal secretary known only as V.T., and arguments on sentencing in that case will be heard in September.
Still, Friday’s turn of events means the prominent auto parts businessman is facing only one guilty conviction out of a dozen alleged incidents involving seven women complainants.
“These are unusual circumstances,” said Molloy, who found Stronach guilty last month.
“I don’t see any way around this,” she said, before declaring the mistrial. “Interesting problems, to say the least.”
“I’m thrilled,” Shemesh said outside court, adding these developments illustrate the problem of people using the criminal justice system for their own financial gain.
Molloy had found Stronach guilty of groping A.S. i n his apartment after a dinner meeting to discuss her job and while a mistrial doesn’t mean this particular case cannot be prosecuted again, that is a decision for the Crown.
Ultimately, it just means that this particular prosecution of it no longer stands.
Molloy said her written reasons would follow.