Former CBC broadcaster Jian Ghomeshi was found not guilty on all charges today in a Toronto courtroom. Judge William Horkins repeatedly cited what he saw as inconsistencies and even attempts to mislead the court by the complainants.
In his decision, the judge emphasized the importance of the complainants' credibility and testimony in arriving at a verdict.
Judge: "The judgment of this court depends entirely on an assessment of the credibility & the reliability of each complainant as a witness."
In the end, "each complainant was less than full, frank, and forthcoming" in the information they provided to media, police, and the court, according to Horkins. He also cited a lack of DNA or other "tangible evidence."
As a result, Horkins said he was "forced to conclude" that the case was not proven beyond a reasonable doubt.
"My conclusion that the evidence in this case raises a reasonable doubt is not the same as deciding in any positive way that these events never happened," Horkins wrote. ".... the evidence fails to prove the allegations beyond a reasonable doubt."
Ghomeshi's defence was that the women fabricated claims of being choked and slapped by him without consent. Henein's strategy focused on raising inconsistencies in what the complainants said to police, the media, and others about the alleged assaults.
The second witness, actor Lucy DeCoutere, waived a publication ban that kept the names of the other two complainants sealed. Henein's cross examination introduced evidence that was undisclosed by, and unknown to, the Crown, including emails and letters.
Horkins found issues with DeCoutere's testimony, and the fact that she failed to disclose relevant evidence until late in the process, or not at all.
"I find as a fact that @lucydecoutere attempted to mislead the court." #ghomeshi that's fatal
As with the first witness, he detailed inconsistencies in her testimony. He said her "reliability and credibility as a witness" had been "seriously challenged" and that she displayed a "willful carelessness with the truth."
Regarding DeCoutere's "fuck your brains out" email, the judge said it contained not "a trace of animosity or offence" about the alleged assault the night before. He also questioned her decision to send Ghomeshi flowers.
Horkins also addressed the thousands of electronic messages that had been exchanged between DeCoutere and the third complainant. He said they showed "extreme dedication to bringing down Ghomeshi."
