Jian Ghomeshi no longer with CBC

[GGG]

Originally Posted by troutman

Crown just finished closing argument.

https://twitter.com/sarahboesveld

Defence next in 20 minutes.

So does defense just move for immediate dismissal of the charges? Is that actually a thing or just on TV?

What does the defense plan look like. Put women on the stand saying how he obtained consent from them?

[PeteMoss]

Originally Posted by GGG

So does defense just move for immediate dismissal of the charges? Is that actually a thing or just on TV?

What does the defense plan look like. Put women on the stand saying how he obtained consent from them?

They aren't calling anyone. Just doing their closing argument and it goes to the judge for a verdict.

[troutman]

Summary of Crown arguments:

marianne boucher ‏@CityCourtsTO #Ghomeshi crown ends his closing, reminds judge that all 3 complainants were "unshaken in their allegations they were sexually assaulted"

Sarah Boesveld ‏@sarahboesveld 42m42 minutes ago Crown case law on post-incident contact. Regina vs Williams "I remind myself the timing of disclosure of sexual assault signifies nothing."

Sarah Boesveld ‏@sarahboesveld 43m43 minutes ago
"The law is clear everyone reacts differently to sexual assault" and post-assault behaviour shouldn't factor into his decision. #Ghomeshi

Sarah Boesveld ‏@sarahboesveld 45m45 minutes ago
Now discussing case law on why disclosure wld be delayed: Must not be the subject of any presumptive, adverse inference #Ghomeshi

Sarah Boesveld ‏@sarahboesveld 47m47 minutes ago
Crown: delayed disclosure and stereotypical assumptions of how one shld respond after assault "should not" factor into decision. #Ghomeshi

[afc wimbledon]

Originally Posted by PeteMoss

This is not his job. He presents the case fairly and it goes where it is. Its not a win or losses thing for the Crown. Its different in the US where these people are elected and get and keep their jobs based on their records and tough on crime stances.

It's still an adversarial system, and within that it is crowns job to convict.

[troutman]

Sarah Boesveld ‏@sarahboesveld 7s7 seconds ago Truth is proven by a trial, it "is not proven by tweets and press releases." It's established by impartial judge. #Ghomeshi


Sarah Boesveld ‏@sarahboesveld 1m1 minute ago "What the witness cannot do is...lie & conceal their conduct & then when caught out say 'Oh, gee, that's just how victims of abuse behave."

Sarah Boesveld ‏@sarahboesveld 9m9 minutes ago To rely on a person "who will only tell you half truths...that is a witness who cannot be believed beyond a reasonable doubt." #Ghomeshi

Sarah Boesveld ‏@sarahboesveld 6m6 minutes ago Crown sz "unshaken" but that doesn't matter. "Maybe that happens on TV but in 24yrs practicing in these courts, that's a rare event." Henein

Sarah Boesveld ‏@sarahboesveld 2m2 minutes ago Repetition does nothing to help court assess credibility, Henein says. #Ghomeshi

Sarah Boesveld ‏@sarahboesveld 2m2 minutes ago Judge will decide whether witnesses were credible - needs to consider contemporaneous contact, and "complainants effort to conceal them."

Sarah Boesveld ‏@sarahboesveld 3m3 minutes ago One aspect is obligation of Crown is to prove absence of consent beyond a reasonable doubt. SCC has specific guidance on that. #Ghomeshi

[Kjesse]

Wow very surprising... sounds like the defence concedes that Ghomeshi choked Lucy, instead focuses on saying Crown didn't prove lack of consent.

[Fuzz]

How long before the decision? Is it a this week thing, or can the judge deliberate as long as he wants?

[Johnny199r]

Originally Posted by Fuzz

How long before the decision? Is it a this week thing, or can the judge deliberate as long as he wants?

As long as he wants. He will most certainly reserve his decision for a while to work on it.

[troutman]

Sarah Boesveld ‏@sarahboesveld 13s14 seconds ago Crown cautions that after-the-fact contact doesn't mean consent was granted. #Ghomeshi


Sarah Boesveld ‏@sarahboesveld 1m1 minute ago Defence says this trial has been "so riddled with lies" and submits #Ghomeshi is entitled to an acquittal on all counts. Henein is done now.

[Blaster86]

Originally Posted by Delgar

Wow very surprising... sounds like the defence concedes that Ghomeshi choked Lucy, instead focuses on saying Crown didn't prove lack of consent.

The defense has never really tried to deny the physical interactions occured. It has always been a case of consent.

[peter12]

I thought Callaghan did a good job pointing out the salient consistency between the three witnesses.

[PeteMoss]

Yeah - think the closing arguments gave both sides of the case. The defense had a lot of 'gotcha' moments that play well on twitter, but in reality they can only be used to show the accusers are lying. The contact afterward doesn't change whether or not these assaults occurred.

[peter12]

Originally Posted by PeteMoss

Yeah - think the closing arguments gave both sides of the case. The defense had a lot of 'gotcha' moments that play well on twitter, but in reality they can only be used to show the accusers are lying. The contact afterward doesn't change whether or not these assaults occurred.

MH is a showboat. Loves the big gotchas. Callaghan, from what I have read - is a slow and steady type that allows a case to unfold naturally.

[White Out 403]

I think Gomeshi is likely a pervert and maybe crosses boundaries... But these witnesses did the Crown no favours. I'm expecting a full acquittal.

[Blaster86]

Despite the Crown's best efforts, I still expect the judge to find him guilty though. I am expecting no jail time and no real repercussions.

[troutman]

Sarah Boesveld ‏@sarahboesveld 1h1 hour ago Justice Horkins says he'll reserve judgment. March 24 is the return date to this courtroom. #Ghomeshi

[peter12]

For Ghomeshi, the damage has already been done. His reputation is destroyed, and he will never again achieve the same level of fame or success that he had before the allegations. His fortune must largely be spent as well.

[Fuzz]

Oh wow. Gonna make Ghomeshi sweat for a bit...and here I thought Betman's Wideman decision was going slow..

[Bagor]

Originally Posted by PeteMoss

but in reality they can only be used to show the accusers are lying. The contact afterward doesn't change whether or not these assaults occurred.

'only' be used to show the accusers are lying?

I think that would be more than enough to suggest reasonable doubt.

[afc wimbledon]

Originally Posted by Blaster86

Despite the Crown's best efforts, I still expect the judge to find him guilty though. I am expecting no jail time and no real repercussions.

I would hope the judge would drop the sexual assault and just drop it down to simple assault if this is the case.