TORONTO - Closing submissions are set to begin Thursday in the Jian Ghomeshi sexual assault trial. The proceedings have raised a lot of questions from the public. Here are five common queries and their answers:
1. Why was the trial heard by a judge only?
It is up to defendants to decide whether they want to be tried by jury or judge alone. Ghomeshi's team opted for a judge-only trial.
2. Why didn't Ghomeshi testify?
Those accused of crimes can't be compelled to testify. Defendants are only required to attend court and to try to raise reasonable doubt about the allegations they're facing. Only the defence can call an accused to the stand. In this case, Ghomeshi's lawyers declined to have him testify.
3. Why didn't the Crown call expert witnesses to explore some of the complainants' behaviour following the alleged assaults?
Legal experts suggest that might have happened if there had been a jury hearing the trial. But they say judges are well-versed in case law and precedents, and whether certain behaviours are or are not typical, so the Crown likely believed it wasn't necessary.
4. What could be outcome of the trial?
There are several possible outcomes: Ghomeshi could be convicted of one, some or all counts of sexual assault, in which case he faces a maximum of 18 months in prison per count; he could be convicted of the choking charge and face a potential life sentence; or he could be acquitted on some or all of the charges. He could also appeal any conviction.
5. Why was the defence able to confront some of the complainants in court with correspondence they exchanged with Ghomeshi after the alleged assaults?
The Crown is obliged to disclose any relevant evidence they have in the case to the defence to allow the accused to mount a full defence. The defence, however, is under no such obligation to provide disclosure to the Crown, which could explain why prosecutors and complainants appeared blindsided by some of that evidence.
