The Jian Ghomeshi saga

[Barrister]

Lawyers:

Consent, i guess, must be hard to prove, right, since it's He said, she said, with little evidence.

If two, three, four people, say the same thing, does that influence anything? In other words can 5 separate  cases of 1 V 1 have an effect on outcome, know what I'm asking?

It's complicated...

It's not supposed to influence anything.  Each allegation is supposed to be judged on its own merits, and juries are specifically warned that even though they might find someone guilty of one count, it doesn't mean that it makes me more likely that he committed the others.

However of course the natural human reaction is that yes, the more people say something the more you believe it.

As a result it wouldn't surprise me if Ghomeshi's lawyers tried to sever the counts - have separate trials for each complainant.

There is however a big exception - "similar fact evidence".  If the Crown can show that the other allegations are specifically unique and distinctive to Ghomeshi, then they can go in as evidence that he committed the other offences.

In laymans' terms - if the only similarity is that 'Ghomeshi is the kind of guy who likes to hit women' then that is only evidence of bad character, and would be excluded.  If however the prosecution can show a fairly unique pattern - perhaps of grooming, wining and dining, then turning a teddy bear away and striking without warning, that could possibly constitute similar fact evidence.

[Malthus]

So, basically what I said? 

[Barrister]

So, basically what I said? 

Yes, but it's more complicated.  Similar fact only comes in when the Crown is alleging similar bad acts that he has not been charged with.  Here presumably everything is on one information.

[Malthus]

So, basically what I said? 

Yes, but it's more complicated.  Similar fact only comes in when the Crown is alleging similar bad acts that he has not been charged with.  Here presumably everything is on one information.

I haven't seen the paperwork, but I suspect there are lots of complaints he wasn't charged with ...

[crazy canuck]

One interesting left over issue from the termination is whether the Union will proceed with the grievance.  If they do the case is going to have to be something along the lines that Ghomeshi was clearly suffering from an addiction to certain sexual acts which impaired his judgment (what moron shows his boss a sex tape) and that a symptom of the addiction is not knowing that the acts were wrong or that there was no consent.

Might even be the defence in the criminal proceedings.

[Barrister]

So, basically what I said? 

Yes, but it's more complicated.  Similar fact only comes in when the Crown is alleging similar bad acts that he has not been charged with.  Here presumably everything is on one information.

I haven't seen the paperwork, but I suspect there are lots of complaints he wasn't charged with ...

I suspect those are all still anonymous complainants, which definitely would not be admissible in court (right to face your accuser and all that).

If police did have named complainants and their evidence is credible, I don't see why they wouldn't charge him straight up.

[Josephus]

Interesting. Thanks.

I suspect we'll be talking about this one for a while.

[Jacob]

This is, apparently, a picture of Ghomeshi's legal team:



Not sure about the skinny tie with the spread collar.

[CountDeMoney]

Not sure about the skinny tie with the spread collar.

It's all the new fashion, but you have to have the body for it.

[crazy canuck]

I think I would rather quit the profession then have to be posed like that.

[PRC]

That image looks straight off of a Vanity Fair cover about a TV legal show.

[Barrister]

This is, apparently, a picture of Ghomeshi's legal team:

Not sure why you'd stick the "apparently" in there.

The image is right their on the law firm web page:

http://www.hhllp.ca/

[Barrister]

I think I would rather quit the profession then have to be posed like that.

I don't think you'd enjoy life as a criminal defence lawyer.  There is no more eccentric section of the bar.

[crazy canuck]

I think I would rather quit the profession then have to be posed like that.

I don't think you'd enjoy life as a criminal defence lawyer.  There is no more eccentric section of the bar.

Yep, early on I had the chance to work for a very well known criminal defence lawyer.  I just didnt think I fit in very well.

[Admiral Yi]

Curly haired guy is either a damn good lawyer or the founder's son.