Jian Ghomeshi, well known, well respected radio host fired for Sexual Assault

[otto]

Reading that the Judge will allow a witness transcript into the trial, which is a big issue for the defense since they have no opportunity to investigate the statement or rebut the statement under oath.

We have witnessed how statements can disintegrate under closer scrutiny in this trial.

Should Ghomeshi be found guilty, the judge's decision to allow the statement into evidence would be grounds for appeal.

So it makes me wonder if the Judge granted the Crown's request, because he has already made up his mind Ghomeshi is not guilty and further testimony won't change his decision.

The Crown is certainly reaching when they state a phone call to a friend will counter all the conduct revealed in court. The statement has nothing to do with the collaboration and lies.

It seems to me that any reasonable person would view witness credibility as a serious problem in this case, and make a determine that it is impossible to find a guilty ruling on that basis. With that being said, given the protests on the streets, it seems that a mob mentality has invaded the streets and that mob is not interested in the decision of the court.

It is a fact that Lucy does not tell the truth, so statements under oath and to the police are irrelevant. A statement to a friend should also be irrelevant.

Perhaps the Judge allowed the written statements from Lucy's friend to remove legal grounds for the prosecution to appeal.

 

[dotr]

http://news.nationalpost.com/news/c...er-was-able-to-breach-canadas-rape-shield-law

How Jian Ghomeshi’s lawyer was able to breach Canada’s rape shield law

Section 276 of Canada’s Criminal Code, known as the “rape shield,” clearly bans using a woman’s sexual history to prove the “twin myths” of rape — that she is untrustworthy or, more likely, consented to the sexual acts in question. But this shield is not impenetrable. That was shown this week at Jian Ghomeshi’s trial for sexual assault when the judge allowed his lawyer to cross-examine one of three complainants about her last-minute disclosure that after Ghomeshi allegedly assaulted her, she invited him to her home and consensually masturbated him. The National Post’s Joseph Brean looks at how the rape shield works, how defence lawyers get around it, and what it means for the pursuit of justice.

Snip>

: Why is this only coming up now in Ghomeshi? Surely the defence knew about this contact and could have raised it earlier?

A: Every indication is that the complainant’s late disclosure of the sexual contact to the Crown last week has put this issue in play. Perhaps there was a tactical decision by the defence not to tip its hand to the Crown, and to let testimony of this sexual contact come directly from the complainant, which does not require a judge’s approval. “Whatever came out (in her late disclosure) must have been outside the history that Mr. Ghomeshi provided (to his lawyers), otherwise the application absolutely would have happened prior to the trial,” McKechney said.

 

[Ardy]

The Judge said he will accept the transcript and consider if it has any value.

The defense showed that DeCoutere had posted the witness on Facebook and told her she needed the witness to collaborate her story.

(There is a publicity ban on the identity of the new witness, but I have seen it posted on the internet. I suspect people knew of the Facebook messages and figured it out)

Apparently, truth and honesty and following the rules of the court are of no concern to DeCoutere.

The new witness transcript doesn't mention anything about being told by DeCoutere she was slapped or hit.

I think you Otto is right and the Judge studied the case law and decided it would be better to accept and ignore it.

Here is a report on the in court arguments about the new transcript.

http://www.lfpress.com/2016/02/09/jian-ghomeshi-sexual-assault-trial-continues

It looks like the case will wrap up tomorrow with closing arguments.

 

[Ardy]

I have read that some people think Ghomeshi's career is over, but I don't know. He is talented and may find a place after the dust settles.

In any event, don't spend any tears fretting about him. I read his estimated net worth is around $185 Million dollars.

No wonder he can afford the best legal teams in Canada. Maybe that is why women flood him with invitations and are willing to give him 2nd, 3rd, and 4th chances as well.

http://en.mediamass.net/people/jian-ghomeshi/highest-paid.html

Just adding........for the benefit of those not familiar with the court system in Canada,

In our system if the defense calls the defendant to the stand to testify, the defense loses the right to deliver their closing argument last in the trial.

So if Ghomeshi doesn't testify, his lawyer will be the last to speak to the Judge, and it is considered a strategic advantage as she can tailor her comments to rebut something the Crown said in their closing argument.

If he doesn't testify it also shows the defense has enough confidence in their case to claim the strategic advantage of presenting their arguments last.

 

[otto]

http://news.nationalpost.com/news/c...er-was-able-to-breach-canadas-rape-shield-law

How Jian Ghomeshi’s lawyer was able to breach Canada’s rape shield law

"Section 276 of Canada’s Criminal Code, known as the “rape shield,” clearly bans using a woman’s sexual history to prove the “twin myths” of rape — that she is untrustworthy or, more likely, consented to the sexual acts in question. But this shield is not impenetrable. That was shown this week at Jian Ghomeshi’s trial for sexual assault when the judge allowed his lawyer to cross-examine one of three complainants about her last-minute disclosure that after Ghomeshi allegedly assaulted her, she invited him to her home and consensually masturbated him. The National Post’s Joseph Brean looks at how the rape shield works, how defence lawyers get around it, and what it means for the pursuit of justice."

Snip>

I'm a bit confused by the claims made about the potential violation of 'rape shield law'. On the one hand, the defence asked questions about the witness' sexual activity, which falls under the rape shield law. On the other hand, the questions were not about the witnesses sexual activity in general or her sexual activity history, but were instead specifically about her claims about sexual activity with the accused. Is that a violation of the rape shield law? Additionally, the information was specifically used to demonstrate that the victim had lied, rather than to explore her sexual contact with the accused, or historic sexual activity.

It is repeatedly suggested that a clever lawyer is helping a guilty man avoid consequences, but I don't see that. Even a clever lawyer needs hard facts, and this case is full of withheld hard facts, collusion, deceit, and violations of court orders. I suspect that even a dull lawyer could reveal the truth relatively easily.

 

[Crosby87]

The trial resumes Wednesday morning, with the Crown expecting to file an agreed statement of facts to the court. Closing statements are expected this week.

http://www.thestar.com/news/crime/2016/02/09/sexual-assault-trial-of-jian-ghomeshi-continues.html

 

[otto]

The trial resumes Wednesday morning, with the Crown expecting to file an agreed statement of facts to the court. Closing statements are expected this week.

http://www.thestar.com/news/crime/2016/02/09/sexual-assault-trial-of-jian-ghomeshi-continues.html

Thanks! It's interesting that the Judge can give a decision in several weeks. Given the protests, I think that's the only sensible option as it gives everyone time to calm down.

... and thank you Ardy for the information that the defence can strategically choose to have the last word.

 

[Crosby87]

The Ghomeshi trial’s one taboo: Marie Henein’s shoes

http://www.msn.com/en-ca/news/canada/the-ghomeshi-trial’s-one-taboo-marie-henein’s-shoes/ar-BBpkvaA

 

[Ardy]

There was no violation of the rape shield law, so I don't know why the lawyer thought that was relevant to this trial.

Through the trial there was no evidence or inquiries into the past sexual history of any of the 3 complainants.

The only encounters let in were to corroborate or contradict the direct testimony of witnesses given under oath in the court room, about specific claims or events.

We know the evidence contradicted the testimony and the complainants were proven to have lied to the court while under oath to tell the truth, the whole truth and nothing but the truth.

As noted in the article.........it is the duty of the Crown prosecutor to find the truth...........not to seek a conviction.

I think a lot of protesters and observers don't understand that concept and want the system to do whatever it takes to get a conviction.

That is certainly what the 3 witnesses schemed to do.

I don't know how long the Judge will take to render his verdict, but his report will take a long time to read and digest.

 

[Ardy]

The Ghomeshi trial’s one taboo: Marie Henein’s shoes

http://www.msn.com/en-ca/news/canada/the-ghomeshi-trial’s-one-taboo-marie-henein’s-shoes/ar-BBpkvaA

Interesting article...........women lawyers aren't allowed to show "toe cleavage"............LOL..........

 

[Crosby87]

Ghomeshi's fortunes have turned

TORONTO - How different Jian Ghomeshi looks now, six days into his trial for allegedly sexual assaulting three women.

http://www.torontosun.com/2016/02/09/jian-ghomeshi-sexual-assault-trial-continues

 

[Crosby87]

Jian Ghomeshi Trial: Sarah Dunsworth Identified as Final Crown Witness

TORONTO — "Trailer Park Boys" actress Sarah Dunsworth has been identified as the final Crown witness at Jian Ghomeshi's sexual assault trial.

The judge lifted a publication ban on the witness’ name on Wednesday: she was identified as Sarah Dunswoth, a friend of DeCoutere’s and her co-star on the television show, Trailer Park Boys.

http://www.huffingtonpost.ca/2016/0...ew-evidence-from-crown-witness_n_9199780.html

 

[Woodland]

Have not seen any of Henein's shoes - I'm sure they are very nice and would evoke envy in many.

What I respected about her in this court matter was, how she jumped wildly around with different lines of questioning every few minutes or so. She kept the witness off balance and unable to tell a specific story line from beginning to end - no chronological order so to speak.

I think that is how she extracted the truth, little by little.

She has clearly earned every pair of $1,500 shoes she has. Jmo.

 

[Crosby87]

Ghomeshi trial puts spotlight on sex assault and justice system

TGhomeshi faces a separate trial in June on an allegation of sexual assault dating to 2008.

The judge, who is hearing the case without a jury, has the option of the lesser and included charge of simple assault.

While the cross-examination of the complainants has been rigorous, it’s important to note it has not crossed the line to victim-blaming, he says.

It’s normal practice for defence lawyers to seize on inconsistencies. And it is normal, in traumatic events, for the mind to focus on different details in each iteration, he says.

“It’s also entirely secondary to the issue of whether or not the assaults at the time occurred,” Crew says.

https://ca.news.yahoo.com/ghomeshi-trial-puts-spotlight-on-sex-assault-and-234341768.html

 

[dotr]

Judging from the tv interview with G and both women, unpleasant relations with a big player in the industry could negatively affect one's career ...... imo.

http://www.cp24.com/news/is-this-no...-decoutere-after-date-with-ghomeshi-1.2771847

Dunsworth, who in a 2014 police statement described DeCoutere as one of her best friends, said DeCoutere called her days after a date with former radio star Ghomeshi and told her that he had choked her.

DeCoutere testified last week that Ghomeshi had just finished giving her a tour of his home after a dinner date on the Danforth when he "suddenly" starting kissing her and without warning, the accused starting choking her and slapping her across the face.

“She doesn’t go out on a lot of dates and usually if she does go on a date, she will call me afterwards and tell me about it,” Dunsworth told police, according to a transcript submitted in court. “If you knew Lucy, this would make sense. She started by laughing and going, ‘Is this normal?’

In her police statement, Dunsworth said that she and DeCoutere were interviewed by Ghomeshi on his radio show to promote “Trailer Park Boys” years after the alleged incident took place and that it was “really awkward.”

“It was a very awkward interview,” she said. “He was obviously like extremely uncomfortable with us being there. And people who didn’t know anything about what had gone on between he and Lucy actually listened to the radio show and they called me afterwards and they were like, ‘Why was that – like why was he so rude to you guys?’”

“He was just really rude. He was really – he wasn’t – he obviously wasn’t interested in interviewing us even slightly,” Dunsworth continued. “He didn’t want us there.”

 

[dotr]

“My father asked if my thing with Jian happened before or after our interview with him,” a message from DeCoutere to Dunsworth Oct. 27, 2014 begins the correspondence.

“Before, right?” Dunsworth responded.

“He noticed Jian was…frosty,” DeCoutere then wrote.

“He shouldn’t do stuff if he can’t answer to it,” Dunsworth wrote.

That conversation is in reference to an interview Dunsworth and DeCoutere did in character for an episode of Ghomeshi’s show Q in Halifax, after which DeCoutere said she thought he believed she was “setting him up to take him down” and the interview was “cut short.”

http://globalnews.ca/news/2508741/jian-ghomeshi-trial-judge-to-review-evidence-from-4th-witness/

 

[Ardy]

Does anyone else think society has changed over the years, and not for the better as far as respect for women is concerned ?

I have seen many young women waiting around for their boyfriend (who I knew all about.......the bad boy) while he was talking trash to his buddies or sizing up another lady.

I blame rap music to some extent, with the anti-female lyrics (*advertiser censored* and *****es) and that women accepted that music as much as the men did.

You reap what you sow, and we had a time where all of society sexuallized and degraded women..........and now we are surprised that this stuff occurs so commonly ?

Imagine a reality show where very young girls are dolled up in makeup to look like older women and then paraded around in a beauty pageant ?

What the heck is that all about ? We celebrate that kind of nonsense. Meet Miss Wyoming 2005, meet the former Miss America....... etc.

Movies, music, advertising, Mr/Mrs Bruce Jenner or whatever, we are inundated with disrespect for women.

A lack of respect anymore........men for women and women for themselves.

Marching around with protest signs wanting a new court system or pointing fingers at Crown prosecutors or defense lawyers won't change anything.

A myriad of 'support groups" that deal with these matters "after the fact" aren't going to change anything.

What has to change is a change in attitudes by men, women and society at large to end this before bad things happen.

I think the tea advertisement was a great one. It should be shown in schools and as public service announcement.

A whole anti-abuse campaign could be built around it........using some humor to illustrate a point often has positive results.

 

[Ardy]

Ghomeshi may have been "saved" by this trial.

He was obviously on the road to ruination. His conduct had gone on for a long time and it would only amplify over time.

He could have ended up in a much more serious situation. Assault is a lot less than where he was heading.

Hopefully he will get the counselling he needs. The sex scene he is into leads to dark places.

 

[Crosby87]

Why the Media Lawyer was pushing the Ghomeshi Judge To Reveal A Bikini Photo

http://news.nationalpost.com/news/c...nted-to-ghomeshi-judge-to-reveal-bikini-photo

 

[otto]

Ghomeshi may have been "saved" by this trial.

He was obviously on the road to ruination. His conduct had gone on for a long time and it would only amplify over time.

He could have ended up in a much more serious situation. Assault is a lot less than where he was heading.

Hopefully he will get the counselling he needs. The sex scene he is into leads to dark places.

There is still another trial to come, which could be an entirely different set of facts. Given the weakness with these witnesses, it's possible that the Crown made a deliberate decision to separate the more credible witness (sexual assault?) from the three weak witnesses (assault?). However, if Lucy and witness 3 were colluding with witness 4, that June trial has already been severely compromised.

As to whether Ghomeshi has dodged a bullet - to some degree, yes. The problem is that middle aged men like Ghomeshi can't really change how they perceive women. He's a bit like Russell Williams, who rose to stardom, and who then believed he could live by different rules. I agree that Ghomeshi was escalating in his violence towards women, and the worst case scenario may have been avoided. He very likely needs to remain single for the remainder of his life to avoid the possibility that he abruptly acts with rage (sudden violent assault) against a woman.

In some ways, he reminds me of Joran van der Sloot, who abruptly assaulted his brothers, and at least two women - both of whom were murdered. The best that can be understood in those cases is that he was talking with each of the women when they said something he didn't like, and he immediately, and without warning, severely injured them with one debilitating blow - followed by beating them to death with his bare hands. I think that's the direction where Ghomeshi was headed. It's very unfortunate that the witnesses did not trust the legal system, and instead sought to manipulate the system.