WHAT LIES AHEAD FOR NOT- GUILTY GHOMESHI.
Former star CBC broadcaster Jian Ghomeshi was acquitted Thursday of all charges in a high-profile sexual assault trial. The National Post’s Adrian Humphreys looks at what impact the verdict might have.
CAN GHOMESHI REBUILD HIS CAREER?
“His reputation has been slaughtered, it’s been mauled. The fact he has been found not guilty is a huge step in the right direction but we are not there yet,” said Eric Schiffer, CEO of Reputation Management Consultants, a California firm that represents celebrities, politicians and wealthy individuals.
So much, however, rests on the remaining charge against Ghomeshi still before the courts. If he loses that, it’s game over, Schiffer said.
“He is toxic dead meat,” he said. “But if he has similar success ( in court) he can rebuild.” It will take humility, patience and careful planning, and likely a sojourn out of Canada to rebuild where he won’t face such public hostility — and advertisers won’t cringe, he said.
Gilles LeVasseur, a business and law professor at the University of Ottawa, agrees a second acquittal throws open the door to rehabilitation.
“If he succeeds, he has a very strong public relations case for coming back. It will allow him to reinstate himself in the broadcasting world.”
WHAT DOES THIS MEAN FOR HIS RELATIONSHIP WITH THE CBC?
The proverbial jury is still out on this because Ghomeshi still faces a second sexual assault trial, scheduled in June.
If Ghomeshi is found not guilty a second time, CBC would be the bigger loser, said LeVasseur. But in either case, the relationship between them seems permanently severed.
“He may have a civil recourse against the CBC. If he is not guilty, then the question could be, should he have been suspended until trial rather than fired?”
It could be an important case at a time when people are being fired for offending the public branding or image of their employer.
“How far can an employer go in firing an employee who does not act in a way that the employer wants to be seen?” LeVasseur said.
For Ghomeshi, though, this would require another public fight over what he did or did not do, keeping the controversy in the headlines.
A second acquittal or a future guilty verdict would likely impact any severance or settlement between CBC and Ghomeshi.
COULD THE CROWN PURSUE CHARGES AGAINST ANY OF THE COMPLAINANTS?
This is improbable. Not only would it inflame public animosity and counter the public interest in terms of encouraging victims to come forward, it would stand little chance of success.
The judge was critical of “deceptive and manipulative” evidence of the complainants.
“The judge did not say the events didn’t occur,” said Joseph Neuberger, a Toronto criminal lawyer. “The judge was critical of their reliability and credibility — but that is not sufficient to charge the complainants with public mischief or perjury,” he said.
COULD HIS ACCUSERS SUE HIM FOR DAMAGES?
“Just because the criminal case ended in acquittal does not mean they can’t pursue a civil remedy where the burden of proof is not as high,” said Neuberger.
Civil trials weigh evidence “on a balance of probability” rather than the “beyond a reasonable doubt” burden at a criminal trial.
COULD GHOMESHI SUE FOR DEFAMATION?
He could try, however, this would require Ghomeshi to go on the offensive against female complainants and keep the headlines on the scandal.
The best strategy for Ghomeshi after the trials are finished, said Schiffer, is to show humility and contriteness and then to “go dark and fade away” for perhaps a year.
WHAT IMPACT MIGHT THIS HAVE ON COURT HANDLING OF SEX ASSAULTS IN THE FUTURE?
Protesters rallied against the way the justice system treats victims of sexual assault and the three women specifically. Social media erupted in outrage at the verdict.
“There is no doubt that because of this case we will see more women turning their backs on the criminal justice system,” said Pamela Cross, legal director of Luke’s Place, a support centre for women in Oshawa, Ont.
“While my story may not have passed the high legal test for proof, it remains my position that the evidence on the substantive issues is truthful,” one of the complainants said through her lawyer, Jacob Jesin.
Changing the process of sex assault trials wouldn’t make a difference in this case, said John Rosen, a Toronto criminal lawyer.
“The problem in t he Ghomeshi matter was the failure of the complainants to be completely honest with every aspect of their relationship with the accused,” Rosen said.
“The complainant must be completely honest and open about everything — the good, the bad and the ugly.”
WILL THE CROWN APPEAL THE ACQUITTALS?
Crown attorney Michael Callaghan said he would consider the lengthy decision over the long weekend before making a decision.