Frank Stronach's Lawyer Suggests Final Complainant Was 'Excited' in Sexual Assault Trial
In a dramatic courtroom exchange, Frank Stronach's defense lawyer suggested that the seventh and final complainant in his sexual assault case was "excited" about going home with the wealthy businessman decades ago, implying the encounter was consensual. The suggestion, made during cross-examination on Tuesday, appeared to stun the complainant, who initially responded by saying "oh my God" three times with increasing emphasis before firmly rejecting the claim.
Complainant's Emotional Rejection of Defense Suggestion
When defense lawyer Leora Shemesh repeated her suggestion, the complainant replied: "Absolutely not." The woman, now in her late 60s, continued: "I'm going to say to you: you weren't there that night. If you think that was a consensual act — having your pantyhose ripped, being held down and penetrated — if you think that's consensual, wow ... It's shocking."
The complainant testified that the alleged incident occurred in the early 1980s when she was a 24-year-old secretary. She described accepting Stronach's invitation for dinner after meeting him at Rooney's, the restaurant and nightlife venue he owned, and later agreeing to go to his waterfront apartment for a nightcap.
Defense Questions Complainant's Intentions and Communication
Shemesh questioned the woman extensively about her intentions and communication throughout the date, as well as what she told friends afterward. "What I'm going to suggest to you is you don't go back to Mr. Stronach's unit with him as a 24-year-old secretary to talk about business or finance," Shemesh said.
When the complainant couldn't recall if they discussed business but said it was their only "common ground," Shemesh replied: "What is also common is that you are a 24-year old who's very excited about a wealthy man taking you home." The woman responded that this wasn't relevant, stating: "It doesn't matter if I was excited and it doesn't matter if I talked to him about Genghis Khan or finance or business or anything. What matters is he raped me."
Details of the Alleged Incident
The woman testified that after dinner at a hotel restaurant, Stronach asked if she wanted a nightcap at his condo, which was connected to the restaurant. Once inside, she said he kissed her on the couch but she rebuffed him. Stronach then led her to a den-like room and pulled her onto a cot.
The complainant said she reluctantly went with him, thinking she could manage the situation by giving him a few "smooches" before going home. However, she testified that Stronach started trying to hike up her dress, and when she told him no, he tore her pantyhose at the crotch. She said she realized she couldn't stop him, and he penetrated her as she sobbed quietly.
Cross-Examination Focuses on Complainant's Actions
During cross-examination, Shemesh asked whether the woman had given Stronach any indication of what she was thinking on the way to the den. The complainant said she hadn't, at least not that she could recall. "He seemed pretty intent on getting there," the woman said.
Shemesh also suggested the woman later told a friend that she believed she was dating Stronach, which the complainant rejected. "I don't believe I would have told anybody that I am dating that person after what happened," the woman said.
Background of the Case and Charges
Frank Stronach, the 93-year-old founder and former CEO of auto parts manufacturer Magna International, faces multiple charges related to alleged incidents dating back to the 1970s. He has pleaded not guilty to all charges.
The businessman was originally charged with 12 offences related to seven complainants, but prosecutors have since dropped one count of forcible confinement and are seeking to withdraw a count of sexual assault after determining there is no longer a reasonable prospect of conviction. Both of those charges relate to the same woman, who was the sixth complainant to testify.
None of the complainants can be identified under a standard publication ban. The defense has argued Stronach should be found not guilty on the sexual assault count, with court expected to revisit the issue once the Crown has finished presenting its evidence.
Complainant's Emotional State and Civil Litigation Questions
Shemesh asked the woman why she hadn't called a friend to pick her up, noting the friend had previously acted as a designated driver. The woman said it didn't occur to her because she was "traumatized."
The complainant also faced questions regarding possible civil litigation and lawyers she had consulted before reaching out to police. In a meeting with prosecutors last year, the woman mentioned that she didn't want to be forgotten if Stronach died. When asked if she meant by his estate, she responded: "It's not about the money, it's about not being forgotten as a victim," adding she hasn't decided yet whether to file a civil action.
