Jian Ghomeshi trial: Defence hints accused won't testify

Jian Ghomeshi's defence team toldcourt todayit is ready to present closing arguments in the case of the former CBC Radio host, hinting he may not testify at his trial in Toronto on sex assault and choking charges.

On Tuesday,Judge WilliamHorkinsruled he wouldallow a friendof LucyDeCoutere to be called as a witness. Crown attorney Michael Callaghanhadtold courtthe friendwouldtestify thatshe received a call fromDeCouterea decade ago about the alleged sexual assault.

The friend, whose identity is protected under a publication ban, will not appear in courtbecause she livesin Nova Scotia and a storm isn't allowing her to travel.But the Crown and defence agreed to allow a transcript of her statement into evidence that will be submitted on Wednesday.

Danielle Robitaille, co-counsel for Ghomeshi, hadargued against allowing the friendto testify in the Ontario Court of Justice trial. She said allowing the new witness to testify "unnecessarily prolongs the trial when the defence is ready to close tomorrow." The fact that the defence is ready to present closing arguments so soon suggests no time is being allocated forGhomeshi, who is under no legal obligation to testify.

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 are protected under a publication ban, butDeCoutere, an actress andan air force captain,went to court to lift the ban on her name.

New witness's testimony 'very relevant'

On Tuesday morning,Callaghan argued that DeCoutere'sfriend would help rebut allegations by the defence that DeCoutere has lied, that part of her motivation for coming forward was to seek media attention and that she had colluded with the third complainant.

Callaghan said the witness from Nova Scotia willtestify thatDeCoutere called her friend and told her in 2004 that she had been choked by Ghomeshi.

"That's very relevant," Callaghan said.

"It goesin to support the fact that Ms. DeCouteredid complain about sexual assault andrebut the allegation that she most recentlyfabricated the story for a number of other reasons. Or that she colluded with other witnesses in coming up with the allegations againstMr.Ghomeshi."

But Robitaille said that the defence will argue thatDeCoutere'sallegations are a "wholesale lie" and that thestatement DeCoutere made to her friend does not help the judge.

"This witness simply does not assist your honour with grappling with the significant problems in Ms. Decoutere's evidence."

Horkinsacknowledged that accepting thisevidence was an exception to thegeneral rulethata witness's claim is not more credible simplybecause he or she repeated the same story on a prior occasion.

But he said there is "probative value" in allowing the friend's testimony "to rebut the inference or allegation" by the defence of DeCoutere's version of events.