Weekend Reads 'Not proven:' Perhaps Canadian courts needed third option for the Ghomeshi verdict

19:51  07 december  2016
19:51  07 december  2016 Source:   Metro News

Statement from Kathryn Borel on Jian Ghomeshi

  Statement from Kathryn Borel on Jian Ghomeshi Statement from Kathryn Borel on Jian GhomeshiHi everyone. Thank you for coming out and listening. My name is Kathryn Borel. In December of 2014, I pressed sexual assault charges against Jian Ghomeshi. As you know, Mr. Ghomeshi initially denied all the charges that were brought against him. But today, as you just heard, Jian Ghomeshi admitted wrongdoing and apologized to me.

Mr. Ghomeshi admitted no criminal wrongdoing, but apologized to Ms. Borel in the course of the proceedings. He will no longer face trial. Mr. Ghomeshi was previously found not guilty of sex-assault charges in a separate case involving three women, four counts of sexual assault and one of overcoming resistance by choking. The excruciating experience of being a woman in court with Ghomeshi . Metro News. ' Not proven :' Perhaps Canadian courts needed third option for the Ghomeshi verdict .

Ghomeshi verdict was fair. Jian Ghomeshi arrives at a Toronto court with his attorney Marie Henein where Re: Ghomeshi trial proves one thing: we need a different system, March 25. On the other hand, and perhaps paradoxically, Judge Horkins excoriated the Ghomeshi witnesses for their clumsy

Jian Ghomeshi arrives at the Toronto courthouse for the verdict in his sexual assault trial, on Thursday, March 24, 2016.: 'Not proven:' Perhaps Canadian courts needed third option for the Ghomeshi verdict © THE CANADIAN PRESS/Chris Young 'Not proven:' Perhaps Canadian courts needed third option for the Ghomeshi verdict

The courts need another option.

On Thursday, Ontario Justice William Horkins found former CBC host Jian Ghomeshi “not guilty” of five sexual-assault-related charges involving three different women.

Legally, it was the right decision. But it isn’t the right conclusion. As Judge Horkins acknowledged, not guilty “is not the same as deciding in any positive way these events never happened.”

In our legal system, the Crown must prove “beyond a reasonable doubt” someone committed a crime. Defendants don’t have to prove they’re innocent.

Ghomeshi case not over before the former radio host speaks

  Ghomeshi case not over before the former radio host speaks Ghomeshi case not over before the former radio host speaksAs of late Monday afternoon, the Ministry of the Attorney General would not confirm that the case could be settled without a trial.  “The ministry does not comment on criminal cases before the courts, other than in court on the record,” ministry spokesman Brendan Crawley told Maclean’s in an email.

In order to restore the domain and continue the service you will have to contact your registrar immediately. Jian Ghomeshi could resuscitate his career if he’s acquitted, PR experts say.

Loading 17 hours ago Canada Scheduled speeches by Ghomeshi ’s lawyer spark

But sexual assaults are often he-said/she-said. If the defendant doesn’t testify, and if the assaults happened long ago, there is — the judge noted — “no tangible evidence.” The court has “only the sworn evidence of each complainant, standing on its own, to be measured against a very exacting standard of proof.”

That’s where the Ghomeshi case collapsed.

The defence reasonably honed in on “dramatic non-disclosures,” highlighting contradictions to the women’s court testimony.

One example: “L.R. was firm in her evidence … she chose never to have any further contact” with Ghomeshi. But the defence confronted her with after-the-act “flirtatious” emails, including one including a bikini photo of her. She then claimed the emails were part of a “plan” to confront him.

Ghomeshi's lawyer blasts Mulcair for #IBelieveSurvivors tweet

  Ghomeshi's lawyer blasts Mulcair for #IBelieveSurvivors tweet Jian Ghomeshi's lawyer has called out NDP Leader Thomas Mulcair for tweeting that he believed survivors of sexual assault, just hours before her famous client was acquitted. Mulcair, however, doubled-down Wednesday afternoon with another tweet.In an interview with the CBC's Peter Mansbridge that aired Tuesday, lawyer Marie Henein was asked about the #IBelieveSurvivors hashtag that resonated on Twitter in light of the Ghomeshi verdict and, specifically, Mulcair's use of the term."Hashtag 'I believe' is not a legal principle, nor should it ever be," she said.

Error. This page can't be displayed. Contact support for additional information. The incident ID is: N/A Major national sponsorships for U.S. and Canadian -based airline c

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That might have been plausible if disclosed earlier. Inconsistency is not a fatal flaw, but failing to disclose shreds credibility. Her testimony, said the judge, revealed conduct “completely inconsistent” with her sworn testimony “the mere thought of Jian Ghomeshi traumatized her.”

Who’s to blame: police and prosecutors for not insisting the women fully disclose, or the women for not disclosing? Defence lawyers confront prosecution witnesses with “inconsistent statements” in trials of every sort every day. Someone should have asked the right questions in advance.

Instead of upending our entire criminal justice system — do we really want to eliminate the presumption of innocence, or tell the defence it can’t challenge the credibility of witnesses? — we should consider the Scottish option of a third verdict: “Not proven.” Twenty per cent of Scottish trials end that way.

Such a verdict,” noted the Scotsman in an editorial, may be “unsatisfactory to both parties, the aggrieved finding the accused escape, the accused leaving the court without having had his name cleared. But this is often fair.”

It certainly would have been more fair in this case.

Stephen Kimber is a professor of journalism at the University of King’s College in Halifax and an award-winning writer, editor and broadcaster. Halifax Matters runs every Monday.

Not guilty: The surreal final day in the Jian Ghomeshi trial .
“I’ve never seen anything like it.” If there was a single refrain to the whole Jian Ghomeshi sexual assault trial, from start to finish — perhaps even the scandal from its breaking moment in the fall of 2014 — that would be it.The not-guilty verdict — widely expected and yet utterly engrossing — wasn’t even the half of it.

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