Verdict in Ghomeshi’s sex assault trial set for March 24
Posted February 11, 2016 6:23 am.
Last Updated February 11, 2016 11:15 am.
This article is more than 5 years old.
TORONTO – The judge at Jian Ghomeshi’s sexual assault trial says he will deliver his verdict on March 24.
Justice William Horkins announced the date after the Crown and the defence wrapped up their closing arguments.
Click here to see a live blog for real-time coverage of the trial from our Toronto station 680 NEWS, CityNews, Macleans and Chatelaine, among others.
Ghomeshi’s defence lawyer says the Crown has failed to prove beyond a reasonable doubt that the former broadcaster committed the crimes of sexual assault and choking.
In their closing arguments, lawyers Marie Henein and Danielle Robitaille said that in the course of the trial, Ghomeshi’s three accusers were proved to be unreliable witnesses who withheld information from police and even lied to the court.
The lawyers used especially tough language when summarizing the testimony of one of the complainants “Trailer Park Boys” actress Lucy DeCoutere — who’s accused Ghomeshi of choking and repeatedly slapping her while they were kissing in his bedroom.
Henein says DeCoutere’s testimony related to one of the charges — overcome resistance by choking — doesn’t meet the elements of the offence, since she testified that she was not resisting when Ghomeshi was allegedly choking her.
The Crown prosecutor at the trial says the credibility of his three accusers has nothing to do with the way they behaved after the alleged incidents.
Michael Callaghan says the law is clear that everyone responds differently to sexual assault and the way complainants behave after alleged assaults should not be used to assess their credibility.
In his closing arguments, Callaghan says that each of the complainants reacted to the alleged sexual assaults in their own unique ways based on their individual personalities and life experiences.
He says the first complainant didn’t go to police immediately after the alleged assaults because she didn’t think her allegations were serious enough.
Callaghan adds DeCoutere, didn’t go to police immediately because she was unsure of the reporting process.
The third woman only came forward in 2014, Callaghan says, because media reports of other allegations against Ghomeshi caused her to see a pattern.
Callaghan asked Horkins to consider all three women’s allegations, their credibility and reliability separately.
The fact that Ghomeshi has not taken the stand — along with the fact Ghomeshi’s defence team didn’t introduce after witness testimony wrapped up this week — is a big tell, says criminal defence lawyer Michael Shapray.
“That is a signal that they (defence council) are extremely confident in their position and that they believe that there is reasonable doubt in these allegations and that they are going to be successful in the case,” says Vancouver-based Shapray.
He says the prosecution’s case took a big hit during after its three main witnesses were grilled during cross examination.
“It appears the three main witnesses and the complainants in the case were really decimated by cross examination, mostly about them not being candid about their contact with Mr. Ghomeshi after the alleged assaults,” says Shapray.
“Simply not coming forward to the police and the prosecution with a bunch of information that was later put to them really cast doubt on their reliability as witnesses in the trial.”
He says it’s not clear where the blame lies on the prosecution’s side of things — just that the defence is taking full advantage.
“The Crown is in a very difficult position in this case. I don’t know if they didn’t prepare it properly or the police didn’t do enough work in putting the case together for the prosecution. I think they’ve got a real uphill battle in this case,” says Shapray.
Ghomeshi acknowledged in October 2014 that he engaged in rough sex acts, but said it was consensual.
The 48-year-old former CBC Radio host, who has pleaded not guilty to the charges, didn’t testify during trial and has maintained his silence ever since being arrested in November 2014.
Ghomeshi acknowledged in October 2014 that he engaged in rough sex acts, but said it was consensual.
