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Jian Ghomeshi trial: prosecutors will not appeal acquittals in sexual assault case Jian Ghomeshi trial: prosecutors will not appeal acquittals in sexual assault case
(35 minutes later)
Canadian prosecutors will not appeal Jian Ghomeshi’s acquittal in the first trial to emerge from the barrage of allegations against the former radio star.Canadian prosecutors will not appeal Jian Ghomeshi’s acquittal in the first trial to emerge from the barrage of allegations against the former radio star.
Monday marked 30 days since Ghomeshi was acquitted on four counts of sexual assault and one count of choking. As its window to file an appeal closed, Ontario’s ministry of the attorney general said it would not challenge the decision.Monday marked 30 days since Ghomeshi was acquitted on four counts of sexual assault and one count of choking. As its window to file an appeal closed, Ontario’s ministry of the attorney general said it would not challenge the decision.
“After a review of the judge’s decision and the legal aspects of this case, the Crown has concluded that there is no legal basis upon which to appeal the acquittals,” a spokesperson for the ministry said in a statement. “This was clearly a difficult case for everyone involved.”“After a review of the judge’s decision and the legal aspects of this case, the Crown has concluded that there is no legal basis upon which to appeal the acquittals,” a spokesperson for the ministry said in a statement. “This was clearly a difficult case for everyone involved.”
The allegations against Ghomeshi – once one of the country’s most prominent media personalities – began to surface in late 2014. After the Toronto Star published allegations from three women, dozens of others came forward with their own claims of being slapped, punched, choked or smothered by the former Canadian Broadcasting Corporation host.The allegations against Ghomeshi – once one of the country’s most prominent media personalities – began to surface in late 2014. After the Toronto Star published allegations from three women, dozens of others came forward with their own claims of being slapped, punched, choked or smothered by the former Canadian Broadcasting Corporation host.
What followed was one of Canada’s most high-profile trials in recent history. For eight days in February, a fleet of press vans lined the street beside Toronto’s Old City Hall courthouse. Inside, journalists tweeted and live-blogged every development.What followed was one of Canada’s most high-profile trials in recent history. For eight days in February, a fleet of press vans lined the street beside Toronto’s Old City Hall courthouse. Inside, journalists tweeted and live-blogged every development.
In March, Judge William Horkins found Ghomeshi, 48, not guilty on all counts. In his 25-page decision, Horkins said prosecutors had failed to establish Ghomeshi’s guilt beyond a reasonable doubt and highlighted inconsistencies in the testimonies of the three female complainants.In March, Judge William Horkins found Ghomeshi, 48, not guilty on all counts. In his 25-page decision, Horkins said prosecutors had failed to establish Ghomeshi’s guilt beyond a reasonable doubt and highlighted inconsistencies in the testimonies of the three female complainants.
The possibility of an appeal was batted around by some media outlets last week after concerns were raised over the judge’s statements regarding the car Ghomeshi had been driving the night of one of the alleged assaults.The possibility of an appeal was batted around by some media outlets last week after concerns were raised over the judge’s statements regarding the car Ghomeshi had been driving the night of one of the alleged assaults.
Linda Redgrave, who last week waived her right to a publication ban on her identity, told the court that Ghomeshi had been driving a yellow Volkswagen Beetle at the time of the first alleged assault. The memory was disputed by Ghomeshi’s lawyer Marie Henein, who noted that her client acquired a Volkswagen Beetle some seven months after the date mentioned by Redgrave.Linda Redgrave, who last week waived her right to a publication ban on her identity, told the court that Ghomeshi had been driving a yellow Volkswagen Beetle at the time of the first alleged assault. The memory was disputed by Ghomeshi’s lawyer Marie Henein, who noted that her client acquired a Volkswagen Beetle some seven months after the date mentioned by Redgrave.
News site Canadaland pointed out last week that Henein had challenged Redgrave’s memory without offering concrete evidence of the vehicle Ghomeshi had actually been driving. “Henein didn’t enter into evidence the make, model, or colour of the car Ghomeshi owned at the time Linda Christine Redgrave says he assaulted her,” the story noted.News site Canadaland pointed out last week that Henein had challenged Redgrave’s memory without offering concrete evidence of the vehicle Ghomeshi had actually been driving. “Henein didn’t enter into evidence the make, model, or colour of the car Ghomeshi owned at the time Linda Christine Redgrave says he assaulted her,” the story noted.
Yet the judge singled out this inconsistency in his decision, suggesting it had coloured how he saw her testimony. “Her description of his car was an important feature of her recollection of the first date. And yet we know that this memory is simply wrong,” Horkins wrote. “The impossibility of this memory makes one seriously question, what else might be honestly remembered by her and yet actually be equally wrong? This demonstrably false memory weighs in the balance against the general reliability of L.R.’s evidence as a whole.”Yet the judge singled out this inconsistency in his decision, suggesting it had coloured how he saw her testimony. “Her description of his car was an important feature of her recollection of the first date. And yet we know that this memory is simply wrong,” Horkins wrote. “The impossibility of this memory makes one seriously question, what else might be honestly remembered by her and yet actually be equally wrong? This demonstrably false memory weighs in the balance against the general reliability of L.R.’s evidence as a whole.”
While lawyers told Canadaland that the error likely wouldn’t warrant an appeal, Redgrave’s lawyer said last week his team had flagged the discrepancy to the Crown. “We’ve carefully reviewed the decision and we believe there may be grounds for appeal with respect to the charges in relation to Ms Redgrave,” said Jacob Jesin.While lawyers told Canadaland that the error likely wouldn’t warrant an appeal, Redgrave’s lawyer said last week his team had flagged the discrepancy to the Crown. “We’ve carefully reviewed the decision and we believe there may be grounds for appeal with respect to the charges in relation to Ms Redgrave,” said Jacob Jesin.
In explaining the decision not to push forward with the appeal, the attorney general noted that its right to appeal “is limited to errors of law, and does not include errors relating to factual matters.” In explaining the decision not to push forward with the appeal, the attorney general noted that its right to appeal “is limited to errors of law, and does not include errors relating to factual matters”.
Monday’s announcement came as the Toronto Star published allegations from another woman, dating back to an alleged encounter in 2013. The woman told the paper that Ghomeshi jumped on her, choked and forcibly kissed her, then put one hand between her legs. She managed to free herself and left.Monday’s announcement came as the Toronto Star published allegations from another woman, dating back to an alleged encounter in 2013. The woman told the paper that Ghomeshi jumped on her, choked and forcibly kissed her, then put one hand between her legs. She managed to free herself and left.
Ghomeshi faces a second trial in June, stemming from allegations that relate to his time at the CBC.Ghomeshi faces a second trial in June, stemming from allegations that relate to his time at the CBC.