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Jian Ghomeshi's lawyer rebuffs accusations she betrayed fellow women Jian Ghomeshi's lawyer rebuffs accusations she betrayed fellow women
(35 minutes later)
The defence lawyer for Jian Ghomeshi has fended off suggestions that she betrayed women by representing the former Canadian radio star who was acquitted last week on charges of sexual assault.The defence lawyer for Jian Ghomeshi has fended off suggestions that she betrayed women by representing the former Canadian radio star who was acquitted last week on charges of sexual assault.
“I think justice was served,” lawyer Marie Henein told the CBC. “Justice does not mean that you are guaranteed the result that you want.”“I think justice was served,” lawyer Marie Henein told the CBC. “Justice does not mean that you are guaranteed the result that you want.”
She added, “I think it is pretty significant that in one of the highest profile cases, in one of the cases where everybody had an opinion ... that you knew that you could walk into court and that there would be an impartial person that would decide on the evidence that is heard.” She added, “I think it is pretty significant that in one of the highest-profile cases, in one of the cases where everybody had an opinion that you knew that you could walk into court and that there would be an impartial person that would decide on the evidence that is heard.”
Ghomeshi was last week found not guilty on four counts of sexual assault and one count of choking to overcome resistance. His trial – the first to emerge from the barrage of accusations that surfaced against Ghomeshi in late 2014 – was one of the country’s most closely watched in recent history.Ghomeshi was last week found not guilty on four counts of sexual assault and one count of choking to overcome resistance. His trial – the first to emerge from the barrage of accusations that surfaced against Ghomeshi in late 2014 – was one of the country’s most closely watched in recent history.
Henein – known as one of the toughest defence lawyers in the country – became part of the narrative, as live blogs and Twitter feeds documented her theatrical style of cross-examination and commented on the clicking of her high heels as she moved across the courtroom.Henein – known as one of the toughest defence lawyers in the country – became part of the narrative, as live blogs and Twitter feeds documented her theatrical style of cross-examination and commented on the clicking of her high heels as she moved across the courtroom.
Related: Jian Ghomeshi trial: why the prosecution's case fell apartRelated: Jian Ghomeshi trial: why the prosecution's case fell apart
Henein said she had been reluctant to do the interview but wanted to speak out about what she described as the misconceptions of Canada’s legal system in the wake of the trial. “That part of the discussion has been very distressing,” she said. “Because it’s a system I believe in and I value very much and I think we should all be proud of.”Henein said she had been reluctant to do the interview but wanted to speak out about what she described as the misconceptions of Canada’s legal system in the wake of the trial. “That part of the discussion has been very distressing,” she said. “Because it’s a system I believe in and I value very much and I think we should all be proud of.”
She would not discuss specifics of the case, as it is still within the 30-day window in which an appeal could be filed.She would not discuss specifics of the case, as it is still within the 30-day window in which an appeal could be filed.
During the trial, Henein picked apart the complainant’s testimonies on the stand, prompting social media users to respond with the hashtag #IBelieveSurvivors. “On a personal level if somebody wants to express their support [to a complainant], that’s their choice,” said Henein. “Hashtag I believe is not a legal principle, nor should it ever be.”During the trial, Henein picked apart the complainant’s testimonies on the stand, prompting social media users to respond with the hashtag #IBelieveSurvivors. “On a personal level if somebody wants to express their support [to a complainant], that’s their choice,” said Henein. “Hashtag I believe is not a legal principle, nor should it ever be.”
She continued, “You can’t believe people based on who they are, the nature of the crime … We don’t presumptively believe police officers, we don’t presumptively believe politicians, priests or whatever it is.”She continued, “You can’t believe people based on who they are, the nature of the crime … We don’t presumptively believe police officers, we don’t presumptively believe politicians, priests or whatever it is.”
Throughout her 25-year career in law, Henein has often spoken out about the issue of the underrepresentation of women in law and worked to foster the careers of young women within her law firm.Throughout her 25-year career in law, Henein has often spoken out about the issue of the underrepresentation of women in law and worked to foster the careers of young women within her law firm.
When news broke that she would represent Ghomeshi, many wondered why a prominent feminist like Henein had taken the job. Months later, as she cross-examined complainants during the Ghomeshi trial, her critics accused her of betraying women.When news broke that she would represent Ghomeshi, many wondered why a prominent feminist like Henein had taken the job. Months later, as she cross-examined complainants during the Ghomeshi trial, her critics accused her of betraying women.
“I respect their right to say it,” said Henein. “I don’t respect their opinion or agree with it. I know who I am, I know what my beliefs are, there’s no question in my mind and I don’t feel the need to have to justify myself.” The viewpoint, she added, belies a fundamental misconception of what the role of lawyers is in the justice system.“I respect their right to say it,” said Henein. “I don’t respect their opinion or agree with it. I know who I am, I know what my beliefs are, there’s no question in my mind and I don’t feel the need to have to justify myself.” The viewpoint, she added, belies a fundamental misconception of what the role of lawyers is in the justice system.
Male lawyers, she said, are rarely accused of betraying their gender when they have opposing opinions. “I mean female judges adjudicate all sorts of cases, including sexual assault cases. They are not traitors to the gender when they acquit, and they’re not supporters of the gender when they convict. They’re doing their job. As am I.”Male lawyers, she said, are rarely accused of betraying their gender when they have opposing opinions. “I mean female judges adjudicate all sorts of cases, including sexual assault cases. They are not traitors to the gender when they acquit, and they’re not supporters of the gender when they convict. They’re doing their job. As am I.”
When asked why she took the case, she said it was like any other. “There’s nothing unusual about it for me. It would be one of many cases in this office of this nature,” she said.When asked why she took the case, she said it was like any other. “There’s nothing unusual about it for me. It would be one of many cases in this office of this nature,” she said.
The trial and resulting decision has renewed calls for reform to how the legal system in Canada addresses sexual assault crimes. Statistics that suggest for every 1,000 sexual assaults that take place in Canada, just three result in convictions. The trial and resulting decision have renewed calls for reform to how the legal system in Canada addresses sexual assault crimes. Statistics that suggest for every 1,000 sexual assaults that take place in Canada, just three result in convictions.
Henein allowed that there was room for improvement, pointing to more resources for the Crown as an example. “I’m all for trying to do better, its just that the conversation should be informed, should be dispassionate, and should be meaningful and should be objective.” Henein allowed that there was room for improvement, pointing to more resources for the Crown as an example. “I’m all for trying to do better, it’s just that the conversation should be informed, should be dispassionate, and should be meaningful and should be objective.”
But she maintained that sexual assault shouldn’t be treated differently from any other crime, “in the sense that the presumption of innocence is set aside or reasonable doubt is thrown out the window”.But she maintained that sexual assault shouldn’t be treated differently from any other crime, “in the sense that the presumption of innocence is set aside or reasonable doubt is thrown out the window”.
Amid concerns that the complainants were the only ones put on the stand, she defended Ghomeshi’s decision not to testify. “The legal system is premised on our fundamental belief that if you are going to accuse me of a crime you will have to prove it,” she said.Amid concerns that the complainants were the only ones put on the stand, she defended Ghomeshi’s decision not to testify. “The legal system is premised on our fundamental belief that if you are going to accuse me of a crime you will have to prove it,” she said.
She cited other sexual assault cases that have resulted in wrongful convictions. “That doesn’t mean that everybody is lying. It means that we know as a matter of human nature. Some people tell the truth, some people don’t.”She cited other sexual assault cases that have resulted in wrongful convictions. “That doesn’t mean that everybody is lying. It means that we know as a matter of human nature. Some people tell the truth, some people don’t.”
Being charged or acting as a witness in a trial is a huge burden that people carry with them for the rest of their lives, said Henein, pointing to her client. “There was another person in that courtroom. That was Mr Ghomeshi who, many months ago, had his life turned upside down. It has been a painful and very difficult process,” she said. “This amount of attention has been extraordinary and crushing and would be devastating to anybody.”Being charged or acting as a witness in a trial is a huge burden that people carry with them for the rest of their lives, said Henein, pointing to her client. “There was another person in that courtroom. That was Mr Ghomeshi who, many months ago, had his life turned upside down. It has been a painful and very difficult process,” she said. “This amount of attention has been extraordinary and crushing and would be devastating to anybody.”
Henein will again defend Ghomeshi in June, in a trial stemming from allegations that relate to his time at the CBC.Henein will again defend Ghomeshi in June, in a trial stemming from allegations that relate to his time at the CBC.