Jian Ghomeshi and Lucy DeCoutere cuddled in park after alleged assault, trial hears

Jian Ghomeshi's lawyer grilled actress Lucy DeCoutere, who claims she was choked and slapped by the former CBC radio host,about her contact with himafter theallegedassault, which included kissing him goodnight, having brunch, andtaking a walk and cuddling with him in a park the following day.

But Marie Heneinended the day with dramatic flair, suggesting that DeCoutere has kept hidden details about other contact she had with Ghomeshi following the alleged assault.

HeneinaskedDeCoutereif she wanted to tellthe court "the real conversation, the one thatyou have not told anybody, even today, even when you metwith police."

"Do you want to take a moment and tell the truth of the real conversation that was going on. Not the one you've been reporting to the media, not theone in the press releases, do youwant to tell his honour the real conversation that was going on?"

"I'm not sure what you mean," DeCoutere replied.

At that point, Henein said it would be a good time to break for the day.

Ghomeshi, 48,who lives in Toronto, haspleaded not guilty tofour counts of sexual assaultand one count of overcomingresistance bychoking,all related to alleged assaults from 2002to 2003.The identitiesof the two other complainants in the case are protected under a publication ban, butDeCoutere, also an air force captain,went to court to lift the ban on her name.

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Earlier, Heneinhad challenged DeCoutere on details she had left out in her statements to the media and the police about her actions after the alleged assault.

DeCoutere told court today that she sat on the couch with Ghomeshi after the alleged assault and kissed him, and that she kissed him goodnight.

Normalize the situation

DeCoutere said kissing Ghomeshi on the sofa didn't seem consequential, whichis why she didn'ttell police.

"Kissing the man who just assaultedyou and tried to choke you and slapped youwas inconsequential?" Henein asked.

"Yes," DeCoutere said, insisting thatshe was trying to normalize the situation.

DeCoutere also testified that she had brunch with Ghomeshi the next day and then went to a barbeque with him the day after that.

Heneinpointed out that the two had also gone for a walk in the park the next day andshowed DeCoutere pictures of hercuddling with Ghomeshi.

"That's you cuddling Mr. Ghomeshi?"Henein asked.

"Yes," DeCoutere replied.

"And that's the man you said earlier had choked and slapped you," Henein asked.

"Oh he definitely choked and slapped me," DeCoutere said.

"This is you making sure he feels like a good host and normalizing the situation. Is that your evidence?" Henein asked.

"Yes, that'smy evidence, that Iwas trying to normalize somethingthat was so strange."

DeCoutere said she didn't remember those pictures being taken or cuddling with Ghomeshi in the park.

"Is it possible you have a convenient memory?" Henein asked.

"No I don't have a convenient memory," she said.

DeCoutere also acknowledgedshe had received a fair amount of publicity from going public about the alleged assault, and that her Twitter followers had spiked by 25,000.

Heneinpointed outthat DeCoutere was considering herself a national spokespersonfor assault and that sheoncetold a friend that she was to sexual assault what David Beckham was to Armani underwear.

DeCoutereresponded that it was a "terrible analogy."

Couldn't breathe

Earlier,under questioning from Crown attorneyCorieLangdon,DeCoutere recounted her first meeting withGhomeshi, whomshe said shemetat a Banff,Alta., television festival in June2003. She said she maintained a playful correspondence with him. They would exchange emails, she said, some that included salacious and"bawdy" humour, and slang terms for sexual acts, but that it was allmeant in fun and not to be acted upon.

DeCoutere, who lives in Halifax,said she visited Toronto in July 2003 and went out to dinner with Ghomeshi, in part to see if a romantic relationship would develop.

She said after dinner they walked back to Ghomeshi's home. She said she knew there was a chance they might get intimate, but she had no interest in having sex with him.

'Shocking when someone hits your face'

Ghomeshi gave her a tour of the house, she said, and at one point he started kissing her, took her by the throat, choked her, slapped her twice, paused, then slapped her a third time.

"All Icould register wasnot being able to breathe and shock, surprise,"DeCouteresaid in the Ontario Court of Justice.

"It's pretty shockingwhen someonehits yourface.I've never reallyhad thathappenbefore."

Langdon asked DeCoutere how much pressure Ghomeshi applied on her throat.

"Enough that I couldn't breathe," she said.

Langdonasked DeCoutere if she consented to Ghomeshi pushing her against the wall.

"It's impossible to consent to something you're not asked, so no I didn't consent to it."

"Did you consent to him hitting you, slapping you," Langdon asked.

"No,same answer."

DeCouteresaid neither she nor Ghomeshi said anything about the incident and that she remained at his home a bit longer, listening to music and him play guitar.

'It's outrageousthat Ididn't just leave'

She said she stayed becauseshe didn't have any idea how to react to the alleged assault, that she didn't want to anger him or seem rude, hoping to placate thesituation.

"It's outrageousthat Istayed and Ididn't just leave. But that was my reaction."

"I was thinking maybe this assaultwas a one-off. Everyone makes gaffes."

Asked why she would continue to spend time with him, DeCouteresaid she had promised she would and repeated that she had hoped the incident was a one-time event.

Sent Ghomeshi flowers

DeCoutere said she sent flowers to Ghomeshi when she returned to Halifax and thanked him for being a good tour guide.

She continued to stay in touch with Ghomeshi, running into himat industry events. The next time she said she saw him was at the Gemini Awards, where she said he was making references to jokes they had made in the summer.

"And then at a certain point, he put his hand on my throat to remind me he had choked me. And Iwas totally shocked," DeCoutere said.

She said she saw him other times after that, including the Banff television festival in 2004 where he joined in on her karaokeperformance of Hit Me Baby One More Time.

She said she also later appeared on Q as her character on Trailer Park Boys.

DeCoutere said she never called police about the alleged assault because she didn't think what happened qualified as an assault.

"I thought you had to be broken and raped," she testified.

She said she only went to Toronto police after they made a plea for women who had information in relation to the allegations against Ghomeshito come forward.