Court will hear statements from a friend of one of three women who are accusing Jian Ghomeshi of sexual assault.
The Crown fought to have the judge hear testimony from a friend of Lucy DeCoutere, the “Trailer Park Boys” actress who has accused Ghomeshi of choking and slapping her while they were on a date.
The friend, whose identity is protected under the publication ban, told police DeCoutere called her 10 years ago and gave her details about the alleged abuse she suffered.
Crown Attorney Michael Callaghan said bringing the witness in would help establish DeCoutere’s credibility and would help refute the defence’s implication that the actress was making the allegations to help a civil suit and to gain fame.
Ghomeshi’s defence attorney Danielle Robitaille said bringing in a friend of DeCoutere would be of little consequence because their position is that the actress fabricated the allegations from the start and not for the sole motivation of fame.
“The defence does not know when she started making fabrications against Mr. Ghomeshi and frankly we don’t care. But she has…beyond a reasonable doubt,” she said.
While the judge was deliberating whether or not to allow the witness to testify, the Crown and the defence came to an agreement that was presented to Justice William Horkins.
Instead of flying the witness in from the East Coast where weather issues would cause a potential delay, the judge will be presented with a transcript. This transcript will include parts of a statement that the witness gave to police. It may also include emails and a conversation she had with DeCoutere on Facebook. The transcript that will be presented in court will present statements that both the Crown and defence agree the judge should look at, and for that reason, the defence would have no need to cross-examine the witness.
The judge can then take the transcript and decide whether or not it contains probative value to the case.
The Crown is expected to wrap up their case Wednesday. The trial is expected to wrap up this week.
Ghomeshi entered the courtroom Tuesday and immediately reached out to hold the hand of both his mother and sister, whispering a few words to them and nodding before taking his seat next to his lawyers.
He has pleaded not guilty to four counts of sexual assault- two of which pertain to one witness, He has also pleaded not guilty to a charge of overcoming resistance, choking.
DeCoutere, who chose not to have her identity protected by a publication ban, is one of three women who have testified that former CBC radio star Ghomeshi became physically violent during intimate encounters. All three women have said that the violence was unwanted and that there was no discussion of consent.
His lawyers have grilled the three women who have taken the stand over the last week, presenting emails and correspondence the women sent to Ghomeshi after the alleged assault where they continued to seek his company.
