Ghomeshi’s days in court aren’t over

[Jian Ghomeshi (L) and his defence lawyer Marie Henein pictured at a Toronto courthouse on Feb. 11, 2016. /Global News]

Jian Ghomeshi has been acquitted of sex assault charges, but his days in court aren’t over.

The former CBC radio personality — who was found not guilty on four counts of sexual assault and one count of overcoming resistance by choking on Thursday — will stand trial in June on a separate charge of sexual assault dating back to 2008.

The verdict and evidence against Ghomeshi won’t be brought into the second trial, University of Ottawa law professor Carissma Mathen said.

“The Crown starts from zero in terms of what it has to prove,” Mathen told Yahoo Canada News, adding that trials need to be treated as separate proceedings.

However, because the Crown and defence lawyers are the same there will be a similar style to the trial.

Ghomeshi’s defence lawyer, Marie Henein, used the cross examination to bring up information the Crown didn’t know about his accusers, specifically communications between the women and Ghomeshi after the alleged assaults and some correspondence between some of the accusers.

This won’t better prepare the Crown for the next trial, Mathen said, because although the Crown has to disclose all of its evidence to the defence, the defence isn’t required to do the same.

“The Crown is very much limited to what it has to work with,” she said.

Toronto defence lawyer Joseph Neuberger expects the Crown would be concerned about what any witnesses didn’t tell them, but even if the Crown gets more information before the second trial, it would have to be disclosed to the defence.

He also thinks Henein has evidence the Crown wouldn’t be aware of because they didn’t have a preliminary hearing before the trial.

“Any good defence lawyer only goes directly to trial in a case like this when you have a very solid base to cross examine,” Neuberger.

If Henein has similar evidence in the second trial, Neuberger says, “it will be an uphill battle for the Crown.”

Mathen said the reaction to this trial and how evidence was presented shows the change in how society now views sexualized violence.

“I really do find there’s more sympathy and empathy for the complainants even with some of the information that has come out that could have been seen as damaging to their credibility,” she said.

There’s more willingness to defend or accept explanations about how sexual assault complainants will react.”

Neuberger had expected Ghomeshi would be found not guilty on all charges.

“It’s not whether the judge believed what they’re saying, it’s the other inconsistencies or undisclosed information,” he said.

When he acquitted Ghomeshi, Judge William Horkins said having reasonable doubt is not the same as saying the events didn’t occur.

As for the June trial, both lawyers are interested to see why the Crown chose to try that charge separately.