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Jian Ghomeshi to avoid 2nd sex assault trial by signing peace bond, source says

Former CBC broadcaster Jian Ghomeshi's second sexual assault trial will not go ahead in June and will instead be dealt with by a peace bond this week, according to a source close to the case.

Crown expected to drop criminal charge if former broadcaster agrees to conditions

Jian Ghomeshi may avoid 2nd sex assault trial

8 years ago
Duration 2:26
Crown expected to drop criminal charge if former broadcaster agrees to conditions and signs a peace bond

Former CBC broadcasterJian Ghomeshi's second sexual assault trial will not go ahead in June and will instead be dealt with by apeace bond this week, according to a source close to the case.

The 48-year-old's second sexual assault trial was slated to go ahead on June 6, more than two months after he was acquitted of fourcounts of sexual assault and one count of choking related to three other complainants by Judge William Horkins of theOntario Court of Justice.

Crown Attorney MichaelCallaghanis expected on Wednesdayto withdraw the remainingcount of sexual assaultthatGhomeshistill faces, according to the source.Before that happens,Ghomeshiwill have to sign apeace bond that may include a provision to stay away from the complainant, also a former CBC employee, for at least a year.

The incident is alleged to have happened in 2008.

Peace bond

Normally, a peace bond would have to be filed within six months of the alleged incident, but Ghomeshimust be planning to waive that time period, former Crown prosecutor Daniel Lerner said.

"A peace bond is a court order, but there's no finding of guilt," said Lerner, now a defence lawyer. "His lawyer will probably make clear on the record that he's not admitting he did anything wrong, and in return, on theoriginalcharges, the Crown withdraws them."

If a signatory breaksthe conditions set out in a peace bond, he or shecan face a charge of breaching a court order. It's a route that's often adopted when the prosecution believes there could be difficulty in securing a conviction, Lerner said.

Few defence lawyers would advise against taking such a deal, according to Lerner.

"The pro from the defence is the criminal charges are being withdrawn," he said. "That's, from a defence perspective, huge."

In March, Horkinsdelivered a scorching decisionthat accused all three complainants in Ghomeshi'sfirst trialof lying or concealing evidence, after which numerous criminal lawyers told CBC News that they expected Callaghan would revisit the evidence connected to the June trial.

With files from Ioanna Roumeliotis, Alison Chiasson