The Jian Ghomeshi saga

[grumbler]

Yeah. Those movies still get made.

[Josephus]

[139] The harsh reality is that once a witness has been shown to be deceptive and manipulative in giving their evidence, that witness cannot 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.

That sums it all up.

What I said on Day One.....witnesses not credible, but all you lawyers went blah blah blah blah blah blah. yawn.

[Josephus]

I'll bow down to the wisdom of you lawyers....but, media think otherwise.

In fact they're saying things like:

Her credibility had been demolished beyond repair. Her evidence of such jaw-dropping self-immolating proportions that it verged on farce.

Don't take legal advice from the media.

Just saying. Media 1 Lawyers 0

[katmai]

Beeb's not a real lawyer, i mean he doesn't even had a JD

[Barrister]

Beeb's not a real lawyer, i mean he doesn't even had a JD

I'm no lawyer - I'm a barrister

[Malthus]

I'll bow down to the wisdom of you lawyers....but, media think otherwise.

In fact they're saying things like:

Her credibility had been demolished beyond repair. Her evidence of such jaw-dropping self-immolating proportions that it verged on farce.

Don't take legal advice from the media.

Just saying. Media 1 Lawyers 0

Hey, I hope you aren't including me in that score - I called it. 

I'll wait to the end of the trial to assess the evidence, but I will say this - don't ever think one can outsmart a good cross-examiner. If it didn't work for Oscar Wilde, it won't work for you. 

[Josephus]

I'll bow down to the wisdom of you lawyers....but, media think otherwise.

In fact they're saying things like:

Her credibility had been demolished beyond repair. Her evidence of such jaw-dropping self-immolating proportions that it verged on farce.

Don't take legal advice from the media.

Just saying. Media 1 Lawyers 0

Hey, I hope you aren't including me in that score - I called it. 

I'll wait to the end of the trial to assess the evidence, but I will say this - don't ever think one can outsmart a good cross-examiner. If it didn't work for Oscar Wilde, it won't work for you. 

nah, it was mostly the barrister. 

[Drakken]

Prosecution is due to drop the last charges remaining on Ghomeshi today, in exchange of him signing a peace bond not to breach peace by contacting the last complainant for a year.

I hope the CBC lawyers are ready... I expect him to sue their ass off for litigious termination.

[Barrister]

Prosecution is due to drop the last charges remaining on Ghomeshi today, in exchange of him signing a peace bond not to breach peace by contacting the last complainant for a year.

I hate plea "deals" like this.  Don't get me wrong - peace bonds have their time and place, but this was a historical assault where they haven't been in touch for years.  If the Crown thinks their case stinks, they should just pull it.

I hope the CBC lawyers are ready... I expect him to sue their ass off for litigious termination.

Good luck - the standard in a civil case is very different than a criminal case...

[crazy canuck]

I hope the CBC lawyers are ready... I expect him to sue their ass off for litigious termination.

He already tried that well before the criminal proceedings.  His claim was thrown out and costs were awarded to the CBC. 

[Barrister]

I hope the CBC lawyers are ready... I expect him to sue their ass off for litigious termination.

He already tried that well before the criminal proceedings.  His claim was thrown out and costs were awarded to the CBC.

IIRC he withdrew the lawsuit, presumably without prejudice.

[Barrister]

I hate plea "deals" like this.  Don't get me wrong - peace bonds have their time and place, but this was a historical assault where they haven't been in touch for years.  If the Crown thinks their case stinks, they should just pull it.

Okay, there's a bit more to it than that.  The public apology he gave wasn't fantastic, but not terrible either.

http://www.cbc.ca/news/canada/toronto/jian-ghomeshi-apologizes-to-kathryn-borel-1.3577111



And thus ends the saga.  I hope.  Because the only way it has another twist is if there's a redemptive third act, and frankly I don't want to see Ghomeshi's face again.

[crazy canuck]

I hope the CBC lawyers are ready... I expect him to sue their ass off for litigious termination.

He already tried that well before the criminal proceedings.  His claim was thrown out and costs were awarded to the CBC.

IIRC he withdrew the lawsuit, presumably without prejudice.

No.  He cannot sue in the Courts.  When he brought his civil action the CBC brought an application to strike the claim on the basis than as a union member he could not sue for damages through the Courts.  It is a well known legal principle of law but unfortunately his then lawyers were not aware of it.  Eventually they understood their misstep and agreed to a Court order dismissing the claim with Costs.  It was definitely with prejudice. 

He is left with a union grievance for reinstatement which he commenced when his civil action was dismissed.  The criminal proceedings have no relation to the union grievance.