Weekend Reads Not guilty: The surreal final day in the Jian Ghomeshi trial

19:52  07 december  2016
19:52  07 december  2016 Source:   Metro News

Guilty verdict still possible in future Jian Ghomeshi cases, lawyer says

  Guilty verdict still possible in future Jian Ghomeshi cases, lawyer says Jian Ghomeshi was found not guilty of sexually assaulting three women last week, but the disgraced radio host’s legal woes are far from over.

As lawyers, we are always guilt of talking too much and thinking that we are being clear and thinking that we are being understood, but if someone says after the fact that they didn’t understand clearly, then I take that seriously, and I would need to think of ways to state it more clearly. Not guilty : The surreal final day in the Jian Ghomeshi trial .

Ghomeshi trial evidence judged insufficient. 06:28. Jian Ghomeshi not guilty on all counts. 02:04. Credibility of witnesses a big issue for judge in Ghomeshi verdict. We stand by our decision.” Ghomeshi declined to acknowledge his family in the front row as he had done on every day of the trial and left the courtroom quietly without acknowledging his acquittal in any discernible way. He will face a second trial in June on a separate charge of sexual assault, which arose from an alleged incident in January 2008 while he was the host of Q.

Jian Ghomeshi leaves court in Toronto on Thursday, March 24, 2016. Ghomeshi was acquitted on all charges of sexual assault and choking following a trial that sparked a nationwide debate on how the justice system treats victims.: Not guilty: The surreal final day in the Jian Ghomeshi trial © Christopher Katsarov/The Canadian Press 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.

Reporters who’ve spent their careers in courtrooms had “never seen anything like” the eight days of bombshell testimonies of the three witnesses, who, one after the other, walked into courtroom 125 at Toronto’s Old City Hall as celebrated survivors of Jian Ghomeshi’s alleged abuse, and 0walked out with their credibility tattered.

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.

Justice William Horkins found Jian Ghomeshi not guilty of all charges on Thursday in the first of the former CBC broadcaster’s two sexual-assault trials . Day 6: A new witness. Feb. 9: The Crown pressed Justice William Horkins to allow a final witness to be deemed admissible, saying she would corroborate Ms. DeCoutere’s version of events. Mr. Ghomeshi ’s defence team opposed this, saying Ms. DeCoutere’s cross-examination showed she had been dishonest.

Jian too was criminally charged by people who may have colluded to keep their stories straight. He too lost his job as a result of the trial . He too has suffered enormous damage to his reputation. Like Elliott, the legal process has cost Ghomeshi dearly. If the complainants are telling the truth, I hope they find the evidence necessary to convict him. But everything we’ve seen in court suggests that Jian Ghomeshi is not guilty .

It wasn’t just the elegance of Marie Henein’s cross-examinations, which began rather banally before building to multiple crescendoing attacks on the witnesses’ chief testimony, often underscored by the women’s own conflicting words in emails and messages and letters that Henein managed to unearth.

It was also the witnesses’ own late-breaking reveals to the Crown, new evidence of emails and hand jobs offered last-minute to a trial that had been prepped for for more than of a year.

It was also the thronging media, who lined up each day for ticketed seats, in an unheard-of effort by the court to balance media access with some sense of order.

That same media, in the wake of the verdict and desperate for comment from the one witness who waived the publication ban, followed actress and Air Force captain Lucy Decoutere  — who was polite and smiled but made no comments — from the front doors of the courtroom down the many stars to the sidewalk.

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

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** WARNING: Foul language below **. On Thursday morning, former CBC Radio host Jian Ghomeshi was found not guilty of all charges in his high-profile court case. He was acquitted of sexual assault and overcome resistance by choking. Story continues below. Justice William B. Horkins delivered his decision in the judge-only trial after carefully weighing the evidence since testimony wrapped six weeks ago. READ MORE: The full Jian Ghomeshi verdict.

Jian Ghomeshi trial : Complainants describe their court experience15:36. "I have to say thank you to you guys," DeCoutere said. "Through this whole thing, anything that I've said to anyone, for any of this, I've really had all of you in mind." Outside the courthouse, the judge's decision drew an impassioned response. As Crown prosecutor Michael Callaghan stood in front of a stand of microphones giving reporters his reaction, a topless female protester jumped in front of him, yelling " Ghomeshi guilty !" knocking over the stand.

Normally, a media scrum would stop about there. This one didn’t. Cameras and cellphones and questions crushed in around DeCoutere and two of her friends, and when the lights changed, the whole buzzing swarm crossed a bustling Queen street, romped down the sidewalk, and then J-walked across Bay Street during a lull in traffic.

It paraded down a narrow corridor to the steps of the Sheraton Centre, into which DeCoutere disappeared, and where police shut the wild circus down.

“Have you ever seen anything like this?” I asked a colleague as we rushed back to the courthouse.

“I’ve never seen anything like it!” she exclaimed.

It wasn’t, of course, just media crowded on the steps.

Over the course the trial, while Ghomeshi’s freedom (at least until his second sexual assault trial in June) was being won inside the courtroom, all sexual assault survivors, and the complainants in particular, were being supported by a small but steady stream of protesters outside the courtroom, and by a crushing level of social-media backing, under the flag of #Ibelievesurvivors.

Rehtaeh Parsons' dad sums up crushing reality of Ghomeshi verdict

  Rehtaeh Parsons' dad sums up crushing reality of Ghomeshi verdict A judge’s decision to acquit former broadcaster Jian Ghomeshi last week highlights how the justice system is designed to fail cases of sexual violence that actually make it to court, the father of Rehtaeh Parsons says. “We pontificate the institution of justice while claiming it is what makes our society civil, but there is nothing civil to be found in the staggering toll sexual violence takes on our communities and the devastation it causes victims and their families,” Glen Canning wrote on his blog Friday.His daughter, Rehtaeh, was 17 when she was taken off life support after attempting to hang herself in 2013.

▶ Kevin Donovan outside the courthouse after Jian Ghomeshi found not guilty of sexual assault, choking charges. As the three complainants filed out of the courtroom, they had tears in their eyes. Ghomeshi faces one remaining charge of sexual assault, to be dealt with at a separate trial in June. His bail conditions remain unchanged, a spokesperson for the Ministry of the Attorney General said.

Ghomeshi trial evidence judged insufficient. 06:28. Jian Ghomeshi not guilty on all counts. 02:04. Credibility of witnesses a big issue for judge in Ghomeshi verdict. As it Happened: Tragically Hip’s final Man Machine Poem tour stop.

The digital swell of encouragement never abated while the complainants’ stories were unravelling on the witness stand. It didn’t slag in the weeks we waited for verdict day. And it was more riotous than ever after the acquittal came down.

At least two dozen protesters were still shouting the unending chorus “We believe survivors!” hours after the verdict was read, in the biting cold and on wet slushy stones steps. They gathered around camera crews as Crown attorney Michael Callaghan made a brief statement to the media, and shouted so loudly it was hard to hear Callaghan speak.

Towards the end of his comments (his team would review the judgment, he said, while noting there is a 30-day period for an appeal), one protester ripped off her shirt and flung herself at Callaghan, shouting something unintelligible about Ghomeshi and knocking over microphones.

It was the height of the surreal to see a half-naked woman career towards the Crown, as if he were responsible for a verdict she despised. Perhaps she only wanted the media’s attention. Surely that was the protester’s main goal.

But from where I sat in the courtroom, the Crown shouldn’t be their target. And the protesters’ chant of “believing survivors” sat at odds with what actually occurred today.

The judge didn’t say that Ghomeshi had been found innocent. In fact, he went out of his way to underline that a not guilty verdict doesn’t mean the assaults never took place.

It means they were not adequately proven in court.

Justice William B. Horkins’s hour-long judgment hinged on his finding that, given the level of inconsistencies in each woman’s testimony, he could not find their accounts of the assaults credible beyond a reasonable doubt.

In all the hoopla of this wild trial, that was a rare moment of clarity, even sanity.

And yet even that predicted moment felt steeped in drama. As if a not-guilty verdict had never been seen before.

The excruciating experience of being a woman in court with Ghomeshi .
I doubt a single journalist walked into the Jian Ghomeshi sexual assault trial that first day of February suspicious of the heart of the allegations, or the three women behind them. And I doubt even one walked out more than a month later doubting an acquittal was right. But it was nevertheless excruciating to be a woman, sitting in the gallery watching the scandal diminish into thin testimony, easily batted away by the judge in his not-guilty verdict.

Source: http://ca.pressfrom.com/news/weekendreads/-4058-not-guilty-the-surreal-final-day-in-the-jian-ghomeshi-trial/

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