Jurors for the sexual assault trial of Canadian musician Jacob Hoggard sought further help in court on Friday as deliberations continued for a fourth day.
The jury, which assessed the fate of Hedley’s leader, asked Thursday evening how she could use the evidence in a phone call between Hoggard and the second complainant that was recorded without her knowing days after the alleged incident.
Ontario High Court Judge Gillian Roberts said at the time that the call could be used to assess the complainant’s behavior and mood.
On Friday, members of the jury asked for clarification on the legal definition of “mood” and how to apply it when assessing the call.
Roberts told them that mood is defined as “beliefs, perceptions, emotions, or intentions.”
Jurors could, but are not required to infer from the call that the second complainant was upset, the judge told them. If they do, they should wonder why she was upset, she said.
The Crown alleges that the complainant was upset because she had been sexually assaulted, while the defense argues that it was because she had been humiliated, Roberts said.
“If you draw the inference that she is upset because she has been sexually assaulted, you can consider her state of discomfort as circumstantial evidence that tends to support her credibility that she was sexually assaulted,” the judge said. Circumstantial evidence only makes sense in light of all evidence, he added.
Hoggard, 37, pleaded not guilty to two counts of sexual assault causing bodily harm and one count of sexual interference, one count of touching the sexual touch of a person under the age of 16.
The Crown alleges that Hoggard violently and repeatedly raped a teenage fan and a young Ottawa woman in separate incidents in the fall of 2016. In addition, it alleges that the teenager palpated after a program of Hedley in April 2016, when he was 15 years old.
The defense argues that the palpitations did not occur and that the two sexual encounters were consensual. Defense attorneys say the plaintiffs filed rape allegations to cover up their embarrassment at being rejected by Hoggard.
On Thursday, the jury told the court that it could not reach a unanimous agreement on “some” charges, but was ordered to continue deliberating. The jurors then asked questions and reviewed the testimony of one witness.
Our Morning Update and Evening Update newsletters are written by Globe editors and provide you with a concise summary of the most important headlines of the day. Sign up today.