Canadian media star Jian Ghomeshi has enjoyed a minor victory as crown prosecutors withdrew two of seven charges of sexual assault against him.
But the remaining five charges still mean he faces a maximum sentence of life in prison if convicted.
Crown prosecutor Mike Callaghan told a pre-hearing in court May 12 that there was no reasonable prospect of conviction on either of the dropped charges, due to lack of evidence. Those two charges related to incidents that took place in August 2002 and May 2003. The remaining charges involve alleged assault from December 2002 to February 2008.
Ghomeshi’s lawyer, Marie Henein, has said Ghomeshi, 47, will plead not guilty to all the charges.
Prosecutors also confirmed that Ghomeshi’s case will not come to trial this year. Two trials will take place, according to Callaghan, one beginning February 1, 2016, and the other June 6. The second trial will involve just one of the sexual assault charges. It wasn’t explained why the case was being split into two trials.
Ghomeshi’s defense team elected to have the cases heard by judges rather than go to a jury trial. The move means the women he is accused of attacking will be spared the potentially distressing experience of giving testimony twice: during both the discovery phase of a preliminary inquiry and a final trial. It also means the trial will proceed more quickly.
The president of the Criminal Lawyers’ Association told The Globe and Mail of Toronto the move may hint at the approach Henein will take. “I would suspect that she may be seeking to challenge some of the legal issues in the case—where the line on consent and bodily harm is drawn,” said Anthony Moustacalis. “That’s more of an issue for a judge than a jury.” He added that judges also better “understand the legal burden of proof against the Crown” in such cases. And he said judges are “better with sensational cases, because they can keep focused on the legal and factual issues.”
But reporter John Barber of The Guardian said he believes Henein is relying on the same strategy she used to clear another client, a provincial cabinet minister accused of killing a cyclist in a road-rage incident. Conducting intensive research that she shared openly with prosecutors, Henein undermined the case so thoroughly that the politician, Michael Bryant, was never brought to trial.
Ghomeshi was one of the biggest radio talents with the state-owned Canadian Broadcasting Corp. (CBC), hosting its very popular morning arts show, Q, which was also broadcast on about 150 American stations.
Ghomeshi lost his job after attempting to defend himself against mounting accusations of sexual misconduct.
Ghomeshi admitted engaging in “rough sex,” but said the acts were “mutually agreed upon, consensual, and exciting for both partners.”
The CBC fired him when its star host, apparently attempting to support his contention, voluntarily showed executives video of a badly battered sex partner.
Several other former partners emerged to file complaints in the aftermath, all alleging similar incidents of Ghomeshi launching surprise physical attacks before or during intimate encounters. The first woman to accuse Ghomeshi publicly was actress Lucy DeCoutere, who is widely recognized in Canada for her role in a TV comedy, “Trailer Park Boys.” She is expected to be a star witness for the prosecution.
Ghomeshi grabbed her by the throat, choked her and slapped her across the face at his apartment following a first dinner date, DeCoutere told CBC Radio.
“When it came from smooching to smacking, there was no build-up,” she said. “I didn’t tell him to stop because I was so surprised, I was really gobsmacked [astounded].”
The CBC hired workplace lawyer Janice Rubin to investigate other allegations that Ghomeshi had acted high-handed with the staff of his radio program. Her report, issued last month, was devastating. After interviewing 99 people, she said Ghomeshi had “consistently breached the behavioral standard” of CBC by yelling at, belittling, or humiliating co-workers, and engaging in “sexualized conduct and comments.”
Ghomeshi has been replaced as the host of Q by the rapper Shad.
Ghomeshi remains free on $100,000 bail, but is subject to certain conditions, including that he must live in his Iranian-born mother’s home.
