Trial of Jian Ghomeshi

The 2016 trial of Jian Ghomeshi involved Canadian radio host Jian Ghomeshi. In late 2014, Ghomeshi was arrested and charged with four counts of sexual assault, and one count of overcoming resistance by choking, in relation to three complainants.[1] He was charged with three additional counts related to three more women on January 8, 2015.[2] On October 1, 2015, Ghomeshi pled not guilty to one count of choking and four counts of sexual assault.[3] The trial began on February 1, 2016.[4] He was acquitted of all five charges on March 24, 2016.[5][6]

Background

Early allegations

Ghomeshi was the host and co-creator of the CBC Radio One show Q. He hosted the show from 2007 to 2014, until fired by the CBC. In 2010, the producer of Q, Kathryn Borel, approached her union, the Canadian Media Guild, reporting[7] that Ghomeshi had repeatedly sexually harassed her starting in 2007. She also reported that there was "...emotional abuse, too: gaslighting and psychological games that undermined [her] intelligence, security and sense of self. Sometimes that hit harder than the physical trespassing."[8][9] Borel declined to start a union arbitration or formal grievance but met with the executive producer of the show informally.[8][9] Borel says that her union representative and the producer "did nothing."[8][9] When Borel's allegations became public in 2014, CMG national president Carmel Smyth described Borel's experience as unacceptable and stated that sexual harassment is now a priority for the union.[10]

In 2012, journalism students at the University of Western Ontario were advised not to pursue internships at Q due to Ghomeshi's rumoured inappropriate behaviour toward young women.[11]

In 2013, journalist Carla Ciccone published an account of her date with a Canadian radio host to XoJane titled "I Accidentally Went on a Date With a Presumed-Gay Canadian C-List Celebrity Who Creepily Proved He Isn't Gay."[12][13] Ciccone refers to the personality under a pseudonym but Toronto Life identified the individual as Ghomeshi. The article describes the radio host as making unwanted physical advances.[14] Ghomeshi did not deny going on a date with Ciccone and claimed not to have read the article, but stated that much of it was untrue from what he had heard.[13]

In 2014, a Twitter account named for Ghomeshi's teddy bear, Big Ears Teddy, made accusations of abuse against him; these accusations included an April 9, 2014 tweet signed "every female Carleton U media grad."[15]

Dismissal from the CBC

In the spring of 2014, Ghomeshi advised his employers at the CBC that the Toronto Star was looking into allegations by an ex-girlfriend that he had engaged in non-consensual rough sex and that he denied this accusation.[16] The crisis management firm Navigator was hired to work for both Ghomeshi and the CBC.[17]

In early summer of 2014, reporter Jesse Brown contacted the CBC and warned that Ghomeshi's behaviour may have crossed into his work environment.[16] The CBC investigated and concluded that there were no workplace complaints against Ghomeshi.[16] According to an investigation by the CBC's The Fifth Estate, "almost all known staffers on... Q said they were not contacted by CBC management as part of any investigation."[18] Ghomeshi denied the accusations again and the Toronto Star declined to go forward with the story at that time.[16]

In October 2014, Brown tweeted that he was working on a story that would be "worse than embarrassing for certain parties".[17] Brown later said that he was referring to another story but Ghomeshi requested a meeting with CBC on October 23.[17] During that meeting, the CBC viewed what it later described as "graphic evidence that Jian had caused physical injury to a woman".[16] According to Vice, Ghomeshi showed his bosses lewd text messages on a CBC-owned phone and graphic personal sex videos.[19]

On October 24, Ghomeshi announced he was taking an indefinite leave of absence from the network to deal with personal matters.[20] Two days later, the CBC terminated Ghomeshi's employment,[21] with a CBC spokesperson saying "information came to our attention recently that in CBC's judgment precludes us from continuing our relationship with Jian."[21] Ghomeshi subsequently released a "lengthy Facebook post"[22] saying his dismissal was motivated by fear of an alleged smear campaign by an ex-girlfriend that according to Ghomeshi could release private details about his sexual life.[23] Ghomeshi also said he refused an offer by the CBC to "walk away quietly."[18] Chris Boyce, the head of CBC Radio, denied that such an offer was made.[18]

Ghomeshi filed a $55 million lawsuit against the CBC, alleging that the broadcaster misused "personal and confidential information provided to it in confidence".[24] He also filed "a union grievance alleging wrongful dismissal and defamation,"[25] and stated through his lawyer that he "does not engage in non-consensual role play or sex and any suggestion of the contrary is defamatory."[26] Ghomeshi withdrew his lawsuit on November 25, 2014.[27] The terms of settlement stipulated that Ghomeshi will pay the CBC $18,000 in legal costs.[27]

Following his firing, the Toronto Star published allegations by three women who said that they experienced violence from Ghomeshi without consent, along with allegations by a former CBC colleague, who later revealed her identity as Kathryn Borel,[9] who said that Ghomeshi had sexually harassed her in the workplace.[26] A fifth woman gave an interview to CBC Radio's As It Happens on October 29, 2014, also revealing that Ghomeshi physically abused her on their first date.[28] By December 16, 15 women and one man had approached media outlets with abuse allegations against Ghomeshi.[29][30][31][32] Actress Lucy DeCoutere was the first woman to agree to the publication of her name in conjunction with the allegations,[33] followed by author and lawyer Reva Seth.[34] Jim Hounslow later came forward publicly accusing Ghomeshi of sexually assaulting him while the two were students at York University in the early 1990s.[31]

On October 30, Ghomeshi was dropped by Navigator and the public relations firm, Rock-it Productions, ended their association with Ghomeshi.[32]

Both Carleton University and the CBC launched private investigations into allegations against Ghomeshi.[35][36] The CBC investigation was led by Janice Rubin, a prominent lawyer and leading authority on workplace harassment,[37] and the results were released on April 16, 2015.[38] The report stated that Ghomeshi "consistently breached the behavourial standard... of CBC by yelling at, belittling and humiliating others" and it referred to the "sexualized conduct and comments of Mr. Ghomeshi" in the workplace.[38] The report stated that "[m]anagement knew or ought to have known of this behaviour and conduct and failed to take steps required of it in accordance with its own policies to ensure that the workplace was free from disrespectful and abusive conduct".[38] The report stated that "[i]t is our conclusion that CBC management condoned this behaviour."[38] Carleton University's review, however, found that none of their students were "affected" by Ghomeshi and that "no one has raised any concerns about their placements" with CBC.[39]

As a result of his firing and the accusations made against him, Ghomeshi was named QMI Agency's newsmaker of the year.[40] On January 5, 2015 the CBC placed Boyce and Todd Spencer, the executive director of human resources and industrial relations for English services, on indefinite leave of absence because of the Ghomeshi scandal.[41] The CBC announced their dismissal on April 16, 2015.[38]

Criminal proceedings

On November 26, Ghomeshi turned himself in to Toronto Police and was charged with four counts of sexual assault and one count of overcoming resistance by choking, after an investigation that began on October 31. The charges concern three separate women.[42][43] He appeared in court on the same day[42][44] and was released on $100,000 bail on the conditions that he surrender his passport, stay within Ontario and live with his mother.[1]

Ghomeshi appeared in court again on January 8, 2015 and was charged with three additional counts of sexual assault related to three more women.[1][2] In a court appearance on February 26, 2015, a judicial pretrial was set for March 27, 2015,[45][46] and was later put over to April 28, 2015.[47] His lawyer, Marie Henein, stated that he would plead not guilty to all charges.[48]

On October 1, 2015, Ghomeshi pleaded not guilty to one count of choking and four counts of sexual assault.[49]

Trial and acquittal

The first trial of Ghomeshi began on February 1, 2016.[50] On day one of the trial, the first complainant testified that Ghomeshi made a "sudden switch from charm to brutality", and that he punched her in the head and pulled her hair.[5] The following day, Ghomeshi's defence lawyer, Marie Henein, "questioned the reliability of the complainant's memory and, at times, her honesty".[5] Heinen pointed out differing accounts of the complainant's story to police and during her testimony.[51] The complainant, who had previously testified to having no contact with Ghomeshi after the alleged assaults, was confronted with two emails she had written to Ghomeshi more than a year afterwards, one included a picture of her in bikini; she described them as "bait" to get him to explain why he attacked her.[51]

On day three, Lucy DeCoutere testified, telling the court of a date with Ghomeshi in July, 2003. She alleged that "he slapped her without warning and choked her until she couldn't breathe".[5] During cross-examination, Henein presented court with a series of emails written by DeCoutere in the hours following the alleged assault to years later, including an email written hours after the alleged assault which read "You kicked my ass last night and that makes me want to fuck your brains out", a handwritten letter that said "I love your hands",[52] and a photo of her "fellating" a beer bottle in October 2005.[53] DeCoutere said that she was trying to please and placate Ghomeshi because she blamed herself for the crimes[52] and that none of that changed the fact that she was assaulted.[5]

The third complainant, who could not be named because of a publication ban, testified that Ghomeshi put his hands and teeth on her neck while they kissed on a park bench. Days before testifying, she said that after inadvertently hearing that emails from the previous complainants were read out in court, she told police about a date she had with Ghomeshi after the alleged assault in which she had a consensual sexual encounter with him that she did not disclose earlier. Under cross examination, Heinen accused the complainant of lying to police in her initial statement, while the complainant called it "an omission". Heinen also questioned her about her friendship with DeCoutere, including exchanging 5,000 text messages and sharing a lawyer and a publicist.[54]

The Crown asked the judge, Justice William Horkins, "...to allow a final witness to be deemed admissible, saying she would corroborate Ms. DeCoutere's version of events" on day six.[5] The defense opposed to calling the witness, but Horkins ruled that the new witness could testify.[5] Due to a snowstorm, the witness, actress Sarah E. Dunsworth, did not testify and instead a transcript of her statement to police and messages exchanged between her and DeCoutere were provided.[55]

On the last day of the trial, the Crown and defence team made their closing arguments to the judge. Crown prosecutor Michael Callaghan stated that the "...credibility of Ghomeshi's three accusers has nothing to do with the way they behaved after the alleged incidents".[5]

On 24 March 2016, the judge delivered the verdict. Ghomeshi was acquitted of all charges, on the basis that there was insufficient evidence to establish proof beyond a reasonable doubt. Justice William Horkins stated that the inconsistency and "outright deception" of the witness' testimony had irreparably weakened the prosecution's case.[56] ""Each complainant," he wrote, "demonstrated, to some degree, a willingness to ignore their oath to tell the truth on more than one occasion." Referring to a witness' excuse that she was merely trying to "navigate" the proceeding, Horkins replied "'Navigating' this sort of proceeding is really quite simple: tell the truth, the whole truth and nothing but the truth."[57]

One additional charge of sexual assault is expected to be addressed at a trial in June 2016.[58]

Reactions and analysis

Immediately after the verdict, supporters of the women expressed their disdain for the judge's ruling. They argued he was blaming the victims for not conforming to stereotypes of how women should behave, and that this could dissuade other women from coming forward in the future. Tom Mulcair, the head of the leftist NDP party tweeted the he believed the survivors and critiqued the Canadian legal system. Other Canadian celebrities and activists voiced similar opinions.[59] Andrew Burke, an associate professor of cultural studies at the University of Winnipeg, wrote "That was a total masterclass in misogynist, arrogant windbaggery just now from Judge Horkins."[57] Outside the courtroom, "dozens" of protesters voiced their support for the women and shouting "Ghomeshi guilty". Ghomeshi's sister also read a short statement expressing relief about the verdict and criticizing the lack of "due process" up to this point.[60]

While to some the legal system was flawed, legal experts put the blame on the women who undermined their own testimony which was the only evidence of any crime. According to Toronto lawyer Jonathan Rosenthal "It's a very bad case for the victims' rights movement to be jumping up and screaming about. It's atypical: This is a case where, bottom line, the complainants all lied." The case was also atypical in that the police solicited victims to come forward, and some were very active with media interviews (DeCoutere conducted 19 herself) which was used against them in cross examination. The complainants were also in an environment with supporters saying victims must be believed. This perceived solidarity led to two of the complainants exchanging more than 5,000 messages before the trial. This possible collusion eliminated the Crown's "similar fact" case which ties the three complaints together.[61]

After the verdict Marie Heinen, Ghomeshi's lead attorney, responded to criticisms of her and the legal process in a televised interview. In response to those who called her actions a betrayal of women, she said, "I respect their right to say that, I don't respect their opinion or agree with it" and "I'm not about to send myself back into the kitchen because somebody doesn't like what I do." Heinen spoke highly of the Canadian Courts, arguing that people get justice but that should not be confused with getting what they want. Referring to criticism that she undermined the complainants, she pointed out that no one should be believed without question including the police, "It's never been to the benefit of the disadvantaged or the most marginalized."[62] She had specific criticism of Tom Mulcair's comments "When you are denigrating the legal system in which he worked ... not having read a word of transcript, and not having informed yourself of the case, that's disappointing and not something I would put much stock in."[63]

References

  1. 1 2 3 Visser, Josh; Alcoba, Natalie (November 26, 2014). "Jian Ghomeshi charged with four counts of sexual assault, released on $100K bail". National Post. Retrieved November 26, 2014.
  2. 1 2 "3 more sex assault charges against Jian Ghomeshi". Toronto Star (January 8, 2015). Retrieved January 8, 2015.
  3. ↑ "Ex-CBC Radio host Jian Ghomeshi pleads not guilty to all charges". Retrieved 2015-10-01.
  4. ↑ Gollom, Mark (February 1, 2016). "Jian Ghomeshi was 'punching me in the head, multiple times,' witness says". CBC News. Retrieved February 2, 2016.
  5. 1 2 3 4 5 6 7 8 Houpt, Simon; White, Patrick. "The Jian Ghomeshi trial: What you missed in court". Globe and Mail. Retrieved 28 February 2016.
  6. ↑ Fraser, Laura (2016-03-24). "Jian Ghomeshi not guilty, topless protester disrupts Crown's statement". CBC. Canadian Broadcasting Corporation. Retrieved 2016-03-24.
  7. ↑ "Checklist when reporting on sexual assault" (PDF). 2013. Archived from the original (PDF) on April 2, 2015.
  8. 1 2 3 Borel, Kathryn (2 December 2014). "Jian Ghomeshi harassed me on the job. Why did our radio station look the other way?". The Guardian. Retrieved 15 December 2014.
  9. 1 2 3 4 Tucker, Erika (3 December 2014). "Ex-CBC staffer Kathryn Borel identifies herself in Ghomeshi allegations". Global News (Shaw Media). Retrieved 15 December 2014.
  10. ↑ "CMG statement: Sexual harassment now a priority for the union". Canadian Media Guild. 2 December 2014. Retrieved 15 December 2014.
  11. ↑ Hasham, Alyshah; Donovan, Kevin; Clarke, Katrina (3 November 2014). "Students were warned away from Q internships: professor". The Toronto Star. Retrieved 15 December 2014.
  12. ↑ Ciccone, Carla (10 June 2013). "IT HAPPENED TO ME: I Accidentally Went On A Date With A Presumed-Gay Canadian C-List Celebrity Who Creepily Proved He Isn't Gay". xoJane. Say Media. Retrieved 15 December 2014.
  13. 1 2 Shea, Courtney (28 January 2014). "Well, Hi There: Jian Ghomeshi, live and off the air". Toronto Life. Retrieved 15 December 2014.
  14. ↑ North, Anna (27 October 2014). "What Jian Ghomeshi's Accusers Were Afraid Of". The New York Times. Retrieved 15 December 2014.
  15. ↑ Woods, Michael (31 October 2014). "Carleton University reviewing student records after Ghomeshi allegations". The Ottawa Citizen (Postmedia Network). Retrieved 15 December 2014.
  16. 1 2 3 4 5 "Toronto police investigating Jian Ghomeshi allegations". CBC News. 31 October 2014. Retrieved 5 November 2014.
  17. 1 2 3 "Jian Ghomeshi showed CBC video of bondage, beating: Sources". metro.ca. Metro News. Retrieved 15 December 2014.
  18. 1 2 3 Kamlani, Tarannum; Subramaniam, Vanmala. "CBC managers told of Jian Ghomeshi 'assault' allegations back in June". cbc.ca. Canadian Broadcasting Corporation. Retrieved 29 November 2014.
  19. ↑ Patrick McGuire (November 3, 2014). "Jian Ghomeshi's Implosion Was Overdue". VICE.
  20. ↑ "Ghomeshi taking "undetermined" leave from CBC for "personal time"". The Globe and Mail. October 24, 2014. Retrieved October 27, 2014.
  21. 1 2 "Jian Ghomeshi, host of Q, no longer with CBC". CBC News. Retrieved October 26, 2014.
  22. ↑ "Eight women now accuse Jian Ghomeshi of violence, sexual harassment: report". BNN. Retrieved November 4, 2014.
  23. ↑ Donovan, Kevin (October 26, 2014). "CBC cuts ties with Jian Ghomeshi after receiving "information" about Q host"". Toronto Star. Retrieved October 27, 2014.
  24. ↑ Kane, Laura (27 October 2014). "Ghomeshi files promised lawsuit against CBC". The Record (Waterloo Region). Canada Press.
  25. ↑ Perkel, Colin (4 November 2014). "Employment lawyer to probe Jian Ghomeshi scandal". CTV. The Canadian Press. Retrieved November 4, 2014.
  26. 1 2 Donovan, Kevin (October 26, 2014). "CBC fires Jian Ghomeshi over sex allegations". Toronto Star. Retrieved October 27, 2014.
  27. 1 2 Donovan, Kevin (November 25, 2014). "Ghomeshi drops $55m CBC lawsuit". Toronto Star. Retrieved November 25, 2014.
  28. ↑ "We speak to a woman -- anonymously -- who claims she was hit by Jian Ghomeshi". As It Happens, October 29, 2014.
  29. ↑ Anne Kingston (November 6, 2014). "Jian Ghomeshi: How he got away with it". Macleans Magazine.
  30. ↑ "CBC yanking Jian Ghomeshi's interviews offline". thestar.com.
  31. 1 2 Kendra Mangione (November 5, 2014). "CBC files motion asking court to dismiss Jian Ghomeshi lawsuit". CTV News.
  32. 1 2 Donovan, Kevin (October 30, 2014). "Jian Ghomeshi dumped by PR firm over 'lies,' sources say". Toronto Star. Retrieved October 31, 2014.
  33. ↑ "Jian Ghomeshi: 8 women accuse former CBC host of violence, sexual abuse or harassment". Toronto Star, October 29, 2014.
  34. ↑ "Why I Can't Remain Silent About What Jian Did to Me". Huffington Post. October 30, 2014. Retrieved October 30, 2014.
  35. ↑ "Carleton University looking into allegations against ex-CBC host Jian Ghomeshi". Ottawa Sun. October 30, 2014. Retrieved October 30, 2014.
  36. ↑ Houpt, Simon (October 30, 2014). "CBC hiring outside investigator to probe Jian Ghomeshi allegations". The Globe and Mail. Retrieved October 30, 2014.
  37. ↑ Doucette, Chris (4 November 2014). "Prominent employment lawyer Janice Rubin heads CBC's Ghomeshi probe". The Toronto Sun (Canoe Sun Media). Retrieved 15 December 2014.
  38. 1 2 3 4 5 Simon Haupt (6 April 2015). "CBC executives let go as Ghomeshi investigation released". Globe and Mail. Retrieved 16 April 2015.
  39. ↑ "Carleton University finds no evidence its journalism students 'affected' by the Ghomeshi affair". Ottawa Citizen. November 4, 2014. Retrieved March 28, 2016.
  40. ↑ Rath, Ted (12 December 2014). "QMI Agency Newsmaker of 2014: Jian Ghomeshi". The Toronto Sun (Canoe Sun Media). QMI Agency. Retrieved 15 December 2014.
  41. ↑ Nick Patch (4 January 2015). "CBC executives involved with Jian Ghomeshi investigation put on leave of absence". Calgary Herald. Retrieved 30 January 2015.
  42. 1 2 "Jian Ghomeshi gets bail, faces sex assault, choking charges". CBC News. November 26, 2014. Retrieved November 26, 2014.
  43. ↑ Section 246, Criminal Code of Canada, overcoming resistance (choking) on Wikibooks
  44. ↑ "Toronto Police Lay Sexual Assault Charges Against Jian Ghomeshi". AM980.ca. November 26, 2014. Retrieved November 26, 2014.
  45. ↑ "Jian Ghomeshi due back in court March 27 for pretrial hearing in sex assault case". National Post. 26 February 2015. Retrieved 16 March 2015.
  46. ↑ Shum, David (4 February 2015). "New court date set for Jian Ghomeshi sexual assault case". Global News. Retrieved 4 April 2016.
  47. ↑ "Ghomeshi case put over to April 28". Toronto Star. 27 March 2015. Retrieved 16 April 2015.
  48. ↑ "Jian Ghomeshi case: Ex-CBC employee among complainants in new sex assault charges". CBC. 8 January 2015. Retrieved 30 January 2015.
  49. ↑ "Ex-CBC Radio host Jian Ghomeshi pleads not guilty to all charges". Retrieved 2015-10-01.
  50. ↑ Gollom, Mark (February 1, 2016). "Jian Ghomeshi was 'punching me in the head, multiple times,' witness says". CBC News. Retrieved February 2, 2016.
  51. 1 2 Fraser, Laura (February 2, 2016). "Jian Ghomeshi trial: Complainant says she tried to bait former host with 'flirtatious' emails". CBC News. Retrieved March 28, 2016.
  52. 1 2 Redden, Molly (February 5, 2016). "Ghomeshi accuser tells court she wanted sex a day after alleged assault". The Guardian. Retrieved March 28, 2016.
  53. ↑ Miller, Adams (February 5, 2016). "Trailer Park Boys actress wrote 'love letter' to Jian Ghomeshi days after alleged attack". Global News. Retrieved March 28, 2016.
  54. ↑ Gollom, Mark (February 8, 2016). "Jian Ghomeshi trial: Complainant agreed to date and sexual encounter after alleged assault". CBC News. Retrieved March 28, 2016.
  55. ↑ Hasham, Alyshah (February 9, 2016). "Judge to allow fourth witness in Jian Ghomeshi trial". Toronto Star. Retrieved March 28, 2016.
  56. ↑ Miller, Adam (24 March 2016). "Jian Ghomeshi trial: Former CBC radio host found not guilty of all charges". Global News. Retrieved 3 April 2016.
  57. 1 2 Macdonald, Neil (24 March 2016). "Analysis You don't like the Ghomeshi verdict, fine, but don't take it out on the judge". CBC News. Retrieved 3 April 2016.
  58. ↑ Gollom, Mark (March 24, 2016). "Jian Ghomeshi found not guilty on choking and all sex assault charges". CBC News. Retrieved March 25, 2016.
  59. ↑ Jancelewicz, Chris (24 March 2016). "Jian Ghomeshi 'not guilty' verdict sends Twitter into a frenzy". Global News. Retrieved 3 April 2016.
  60. ↑ Coorsh, Karolyn (24 March 2016). "Protests outside Toronto courthouse following Ghomeshi acquittal". CTV News. Retrieved 3 April 2016.
  61. ↑ Kingston, Anne. "What Jian Ghomeshi did". Mcleans.ca. McLeans Magazine. Retrieved 3 April 2016.
  62. ↑ Kingston, Anne. "Marie Henein defends herself". Mcleans.ca. McLeans Magazine. Retrieved 3 April 2016.
  63. ↑ "Jian Ghomeshi lawyer Marie Henein criticizes Tom Mulcair for #IBelieveSurvivors tweet". CBC News. 30 March 2016. Retrieved 3 April 2016.
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