The testimony that has been heard in court so far in the sexual assault case against former Windsor Spitfire Ben Johnson is admissible, a judge says.
Justice Micheline Rawlins ruled on Tuesday that the account of a woman who was not the main complainant can be entered as “similar fact evidence” — that is, evidence of other bad acts where the probative value to the trial outweighs the potential for prejudice.
Johnson, a 20-year-old professional hockey player, is accused of forcing a woman to touch his penis in a toilet stall at a university-area bar. He faces one count of sexual assault.
The incident allegedly took place two years ago on Jan. 13, 2013 at the Krooked Kilt pub on Wyandotte Street West. The complainant was using the men’s washroom.
According to the complainant, Johnson barged into the stall and lowered his pants, then grabbed her right hand and pulled it toward his genitals.
The court has heard from other females who were at the pub on the night in question. One young woman testified that she was also confronted by Johnson in the washroom and that he asked her to give him oral sex or lift her top.
Johnson’s lawyer objected to the inclusion of the woman’s testimony.
The trial was adjourned to determine the admissibility of the testimony.
With Tuesday’s finding, the trial is set to resume in June.
Johnson is also facing a separate charge of sexual assault in relation to an incident that allegedly took place March 2013 at a downtown nightclub. That case has yet to go to trial.
Johnson played for the Spitfires from 2011 to 2014. He signed a three-year contract with the New Jersey Devils last spring.
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