Jian Ghomeshi trial: Defence argues testimony 'riddled with lies,' calls for acquittal

The inconsistencies andlies of the three complainants in the sexual assault trial of Jian Ghomeshimust lead to an acquittal ofthe former CBC Radio host,hisdefence team argued in court today. But theCrown suggested that the "unshaken" allegations of the women show guilt.

"You've heard the evidence in this case," Ghomeshi's lawyer Marie Heneinsaid in her closing argument. "And for reasons that we have submitted to you, it is our submission that the evidence in the courtroom falls so far short of proving anythingbeyond a reasonable doubt, it is so riddled with inconsistencies and improbabilitiesandproven lies under oath that it cannot be said to prove anything.

"It's our respectfulsubmissionthat Mr. Ghomeshi is not guilty and that he's entitled to an acquittalon all counts."

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Judge William Horkinssaid he wouldreserve judgement and the court would reconvene on March 24

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 identitiesoftwo of thecomplainants in the case are protected under a publication ban, but actress LucyDeCoutere, also an air force captain,went to court to lift the ban on her name.

Crown says evidence on key facts 'steadfast'

The first woman to testify told court that Ghomeshi had pulled her hair and punched her in the head at his home after a dinner date. DeCoutere said the formerQhost had choked andslapped her at his home. The third woman said Ghomeshihad squeezed her neck and covered her mouth while they were kissing on a park bench.

But it was later revealed in court that each woman had had contact with Ghomeshi following the alleged assaults and thatdetails of this contact hadnot beenprovided to police or the Crown in their initial statements.

In his final argument,Crown attorney Michael Callaghan said Horkinshad heard evidence that may have caused him tohave concernsabout the reliabilityand credibility of some of the witnesses.

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But Callaghan said that's not the end of the analysis. He argued that the witnesses had provided explanations for some of of theinconsistencies,delayed disclosures or omissions intheir evidence.

"Not withstanding vigorouscross-examination, all three of the Crown's witnesses were unshaken in their allegationsthat theywere sexually assaultedby Mr. Ghomeshi.

"The evidence onthese key points, theveryoffencesbeing alleged, was steadfast."

But Henein dismissed the significance of their "unshaken" testimony, saying it is of no assistance to the judge.

"Unless the witness gets up and recants on the stand and says, 'You know, when I said it, that's simply not true.' Well maybe that happens on TV but in 24 years practising in these courts, that is a rare event."

'Deeply troubling'

Instead, in determiningthe credibilityand reliabilityof the witnesses, Henein argued thatall three women had withheld informationfromthe police, Crownand the court about their ongoing communications with Ghomeshi.She said it was "deeply troubling"that these details were disclosed at "the 11th hour" beforetrial and only when there was concern the womenwould be contradicted by objective evidence.

The first witness hadtold police and the court she had no subsequent contact with Ghomeshiafter two alleged attacks but later acknowledgedshe sent him two emails and a picture of her in a bikini more than a year later. The woman said she sent the emails to bait him into calling her to explain his actions.

DeCoutere had told the court that she had no romantic interest in Ghomeshi after her alleged assault, and would only see him at industry functions.

But it was later revealed in court thathours after thealleged sexual assault, she had sent him an emailsaying she wanted to have sex with him, and sent him a handwritten letter days later saying she was sad they didn't spend the night together.

'Not worthy of belief'

The third woman, who told police she would only feel safe being out with Ghomeshi in public after her alleged assault, failed to disclose that days latershe had a consensual sexual encounter with him.

As for their explanations about their contact with Ghomeshi following the alleged assaults, Henein said "they are not worthy of belief."

Henein insisted that the issue wasn't that they continued to have contactwith Ghomeshi, but that they lied about it.

Co-counselDanielle Robitaillewent throughthe testimony of each of thethree complainants, pointing out inconsistencies in details about the alleged assault themselves, and the contact they had with Ghomeshi after.

The first woman, she said, changed details about whether or not she had hair extensions, or her head was slammed against the car widow, or whether she was pushed or had her hair pulled to the ground before the alleged assault in his home.

Those inconsistencies, she said, go the question of whether the Crown had proved beyond reasonabledoubtthat the incident happened, or whether there was an absence of consent.

For DeCoutere, Robitailleraisedtheemail sent by DeCouterehours after the alleged assault saying shewanted to 'f--k' his brains out, an email13 days later in which she said he was "magic" andher handwritten letter six days later saying she wished she could have spent the night. Robitaille arguedall go to the issue of whether the Crown has proven there was no consent beyond a reasonable doubt.

As for the third witness, Robitaille said the chronology of her disclosure to police about her sexual encounter with Ghomeshi after the allegedassault should "weigh very heavily in your Honour's assessment of this witness's credibility and reliability."