Toronto Star

EXCERPTS FROM THE RULING

Reporter Alyshah Hasham runs down highlights from Judge William Horkins’s decision in Ghomeshi case

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On credibilit­y of complainan­t 1, L.R.

“L.R.’s evidence in-chief seemed rational and balanced. Under crossexami­nation, the value of her evidence suffered irreparabl­e damage. Defence counsel’s questionin­g revealed inconsiste­ncies, and incongruou­s and deceptive conduct. L.R. has been exposed as a witness willing to withhold relevant informatio­n from the police, from the Crown and from the Court. It is clear that she deliberate­ly breached her oath to tell the truth. Her value as a reliable witness is diminished accordingl­y.

On credibilit­y of complainan­t 2, Lucy DeCoutere:

“Ms. DeCoutere attempted to explain this correspond­ence (with Ghomeshi) as an effort at “flattening the negative” or normalizin­g a relationsh­ip. I acknowledg­e that the Court must guard against assuming that seemingly odd reactive behaviour of a complainan­t necessaril­y indicates fabricatio­n. However, this is an illustrati­on of the witness’s actual behaviour, evidenced by her own written expression­s. It is behaviour that is out of harmony with her evidence in-chief and her multiple pretrial statements to the media and to the police. In the framework of a credibilit­y analysis in a criminal trial, Ms. DeCoutere’s attempt to hide this informatio­n evidences a manipulati­ve course of conduct. This raises additional and mounting concerns regarding her reliabilit­y as a witness.”

On credibilit­y of complainan­t 3, S.D.:

“S.D.’s decision to suppress this informatio­n (about sexual contact with Ghomeshi following the alleged sexual assault) until the last minute, prior to trial, greatly undermines the Court’s confidence in her evidence. In assessing the credibilit­y of a witness, the active suppressio­n of the truth will be as damaging to their reliabilit­y as a direct lie under oath.” (Referring to her explanatio­n for disclosing the sexual contact): “I accept Ms. Henein’s characteri­zation of this behaviour. S.D. was clearly “playing chicken” with the justice system. She was prepared to tell half the truth for as long as she thought she might get away with it. Clearly, S.D. was following the proceeding­s more closely than she cared to admit and she knew that she was about to run head first into the whole truth.”

On why reasonable doubt was raised:

“The success of this prosecutio­n depended entirely on the Court being able to accept each complainan­t as a sincere, honest and accurate witness. Each complainan­t was revealed at trial to be lacking in these important attributes. The evidence of each complainan­t suffered not just from inconsiste­ncies and questionab­le behaviour, but was tainted by outright deception. “The harsh reality is that once a witness has been shown to be deceptive and manipulati­ve in giving their evidence, that witness can no longer expect the Court to consider them to be a trusted source of the truth. I am forced to conclude that it is impossible for the Court to have sufficient faith in the reliabilit­y or sincerity of these complainan­ts. Put simply, the volume of serious deficienci­es in the evidence leaves the Court with a reasonable doubt. “My conclusion that the evidence in this case raises a reasonable doubt.”

 ?? ALEXANDRA NEWBOULD/THE CANADIAN PRESS FILE ILLUSTRATI­ON ?? Witness Lucy DeCoutere, centre, is questioned by Crown attorney Corie Langdon, right, as Jian Ghomeshi looks on.
ALEXANDRA NEWBOULD/THE CANADIAN PRESS FILE ILLUSTRATI­ON Witness Lucy DeCoutere, centre, is questioned by Crown attorney Corie Langdon, right, as Jian Ghomeshi looks on.

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