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It was worth the shot, but Toronto councilor Michael Thompson lost his bid to remove the prosecutor and drop one of the two sexual-assault charges he faces in his ongoing Bracebridge trial.

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Two women, whose identities are protected by a publication ban, alleged that Thompson sexually assaulted them after he invited them to spend the 2022 Canada Day long weekend at a posh lodge in Port Carling.

Last month, defense lawyer Leora Shemesh asked Ontario Court Justice Philop Brissette to stay the charge or remove Crown attorney Mareike Newhouse as a remedy for her alleged misconduct in revealing photos of a witness to one of the two plaintiffs before testimony them.

It came after the witness – who is not one of the prosecutors – was asked in cross-examination about two photographs he had taken with his mobile phone that weekend of the two complainants on the cottage’s dock, which the defense claims showed the women looking . comfortable and have a good time.

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The first complainant was next to give evidence, but in an “impromptu meeting” before taking the stand, the Crown showed him photographs of the woman and asked if that was her in the images.

Shemesh argued that the move violated the order to exclude witnesses who prevents a witness from learning about any evidence or testimony given by others in the trial, and his client’s right to a fair trial has now been compromised. Newhouse claimed it was a frivolous complaint and she was just preparing her witness.

In his oral ruling on Wednesday, the judge agreed that the Crown had breached the “spirit” of his order by showing the photos as a “warning” to the plaintiff. But he found it “doesn’t warrant” her stay or removal.

So, unfortunately for the beleaguered counsel, the charges and the Crown remain as they are.

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At Thompson’s trial opening last month, prosecutors alleged the six-term Scarborough Center councilor lured the women to the luxury Muskoka lodge with promises of mentorship and networking opportunities, but instead hunted after consuming them marijuana and alcohol. .

The Crown claimed he sexually touched a woman during a massage and “forced” a second non-consensual sexual act in the middle of the night, despite her being heavily intoxicated and telling him no.

Thompson, 64, has pleaded not guilty to both charges.

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The first witness described a weekend that was far from what she had expected when Thompson invited her to the cabin; instead of working on the network, she told the court the counselor wanted to demonstrate the elasticity of his bed, urged the women to drink shots and told her twice to “feel free to undress”.

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Then the first plaintiff finally took the stand in the second week of the trial. She testified that Thompson invited her to what she assumed was a small networking meeting at the cabin, but was surprised when she and her friend — the other accuser in the case — showed up Sunday to find only one other woman there.

While they were on the bench, she claimed the politician asked to put sunscreen on her back and then touched her bottom and breasts under her bathing suit after he felt she couldn’t say no.

She did not leave the cabin because she said she was too intoxicated, claiming Thompson gave them alcohol and marijuana as soon as they arrived.

Last month, Thompson resigned from the city’s high-profile FIFA commission. The spokesman said the Scarborough politician is “stuck in legal proceedings and a court case that has no definitive end date.”

The trial continues on December 4.

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