The Crown is challenging a recent post-verdict mistrial declared in the sexual assault conviction of Frank Stronach. The billionaire entrepreneur was previously found guilty of sexual assault and indecent assault in relation to separate accusations brought by two women in his Toronto trial. The mistrial regarding the sexual assault charge was granted by Superior Court Justice Anne Molloy following the presentation of emails from the woman’s lawyer in a separate civil case. Stronach’s lawyer, Leora Shemesh, argued that these emails contradicted the woman’s testimony in the criminal trial.
In a notice of appeal submitted on Tuesday, the Crown asserts that Justice Molloy made errors by relying on communications presumed to be protected by solicitor-client privilege without first assessing potential exceptions to that privilege. The Crown also contends that the judge erred in stating she could not address the credibility issues raised by the mistrial application. The appeal seeks to reinstate the guilty verdict for sexual assault and remand the case to Superior Court for sentencing.
Initially facing a dozen charges stemming from incidents in the late 1970s to 1990s involving seven complainants, Stronach had one charge withdrawn and was found not guilty on four others during his trial. The judge determined that two charges could not be proven based on the evidence of one complainant, deeming their account unreliable. Following these decisions, Stronach was convicted on two counts out of the remaining five charges. He is scheduled for sentencing on the indecent assault conviction in September.
Shemesh expressed disappointment with the Crown’s decision to challenge the mistrial order, labeling it a misuse of court resources, as Stronach could be retried without an appeal. She criticized the move as potentially politically motivated and likened it to an ongoing “witch hunt.” Stronach, the founder of Magna International, is also facing another sexual assault trial involving six additional complainants next year.