WARNING: This article discusses allegations of sexual assault.
The commencement of the initial sexual assault trial for billionaire Frank Stronach has once again been postponed. During a court session in Toronto on Thursday, his attorney claimed that some witnesses might have been influenced during preparatory discussions with the Crown.
Justice Anne Molloy approved a request from defense attorney Leora Shemesh to interrogate a police officer regarding the notes he took during these preparatory meetings. Following questions from both Shemesh and the Crown, Molloy agreed to Shemesh’s proposal for the anticipated four-week trial to officially commence on February 12.
Originally, the judge-alone trial was scheduled to begin on Tuesday at the Ontario Superior Court of Justice in downtown Toronto. It was postponed by two days at the defense’s request, allowing Stronach’s legal team to review new evidence that Shemesh indicated arrived at the “eleventh hour.”
Shemesh informed the court that between 2024 and 2026, there were no significant new memories recalled by complainants. However, she noted that from January 13 to 28, new statements were provided by all complainants.
Some of these new statements included references to evidence that had not been mentioned previously, according to the defense attorney.
“The essence of my argument is that following a preparatory meeting, a new statement emerges,” Shemesh stated.
She expressed frustration at receiving these statements at the last moment, as her team had to review them urgently.
“This was unusual because we received so much information at the eleventh hour.”
Shemesh argued that the sudden appearance of these statements was not merely a coincidence, suggesting that it indicated potential coaching of witnesses.
“There is a reasonable inference that a witness may have been coached.”
Reason for permitting officer’s questioning
Molloy allowed Shemesh to query Peel regional police officer Gabe Di Nardo about the notes he recorded during the preparatory meetings.
However, Molloy clarified that she did not intend to imply any wrongdoing on the Crown’s part.
Stronach arrives at the Toronto courthouse on Tuesday, the day the trial was supposed to commence. (Evan Mitsui/CBC)
Still, the judge noted that the introduction of new information and alterations in witness statements warranted questioning the officer.
Shemesh inquired of Di Nardo about a meeting on January 20 with a complainant, where the Crown mentioned the term “omission.”
Di Nardo explained that the Crown used that term to refer to any additional information or new insights the complainant might wish to provide after reviewing her initial video statement to the police.
However, Shemesh pointed out that there were discrepancies with what the complainant had stated in a sworn statement from June 12, 2024, and in an email sent on June 17.
“The Crown emphasized those so-called omissions using the term omission. That is why the complainant asked, ‘What other omissions did you register,’ requesting the Crown to identify any others,” Shemesh contended.
Clarification of ‘omissions’
Di Nardo stated that she sought clarification from the Crown regarding what other omissions had been noted.
“But what I’m interpreting from my drive to the question is — [the complainant is] asking the Crown to inform her of the omissions, which is why she specifically asked, what other omissions did you, the Crown, note.”
Di Nardo disagreed, asserting that they were asking the complainant to review her statement and email, checking if there was anything new to add.
“That’s not what you write,” countered Shemesh.
Di Nardo acknowledged that his notes did not capture a verbatim account of the entire meeting.
However, he concurred with assistant Crown attorney David Tice, who stated that the Crown was not directing the complainant on what her memory should be or suggesting she alter her testimony in any manner.
Meanwhile, Shemesh indicated her intention to seek a stay of proceedings at the trial’s conclusion, citing concerns regarding potential abuse of process linked to the alleged witness coaching.
Second trial anticipated later this year
Stronach, 93, a recipient of the Order of Canada, resigned as chair of Magna International in 2011. Born in Austria, he became one of Canada’s wealthiest individuals after founding the auto-parts corporation in the 1950s.
Stronach, Shemesh, center, and Molloy appear in Ontario Superior Court in Toronto on Tuesday. (Alexandra Newbould/CBC)
He also established the Stronach Group, a leading name in horse racing, which owns and operates thoroughbred tracks, including Santa Anita Park in California. Both Magna and the Stronach Group have stated that he is no longer involved in the companies’ operations.
In his criminal case, he faces allegations of sexual offenses against multiple women, with some accusations dating back nearly five decades.
Stronach is charged with a total of 12 counts, including sexual assault and forcible confinement. Two of these charges, concerning rape and attempted rape, are considered historical charges, as they were nullified when the Criminal Code was revised in 1983 to introduce the offense of sexual assault.
The allegations from seven complainants in Toronto cover the years from 1977 to 1990, with one incident specified as occurring in suburban Scarborough.
He is also slated to undergo a separate trial in Newmarket later this year involving six complainants, as the case has been divided into two proceedings.
Stronach has denied all allegations and maintains a not guilty plea to every charge.
If you are in immediate danger or concerned for your safety or that of others, please dial 911. For local support, you can search for crisis lines and services through the Ending Sexual Violence Association of Canada database.