Criminal charges and trial
Main article: Trial of Jian Ghomeshi
On November 26, 2014, following termination by the CBC, Ghomeshi turned himself in to Toronto Police and was charged with four counts of sexual assault and one count of overcoming resistance by choking, after an investigation that began on October 31, 2014. The charges concern three separate women.[84][85] He appeared in court on the same day[84][86] and was released on $100,000 bail on the conditions that he surrender his passport, stay within Ontario and live with his mother.[87]
Ghomeshi appeared in court again on January 8, 2015, and was charged with three additional counts of sexual assault related to three more women.[87][88] In a court appearance on February 26, 2015, a judicial pretrial was set for March 27, 2015,[89][90] and was later put over to April 28, 2015.[91] His lawyer, Marie Henein, stated that he would plead not guilty to all charges.[92] On October 1, 2015, Ghomeshi pleaded not guilty to one count of choking and four counts of sexual assault.[6]
The trial of Ghomeshi began on February 1, 2016, and lasted eight days.[7][9] On March 24, 2016, the judge acquitted Ghomeshi of all charges on the basis that there was insufficient evidence to establish proof beyond a reasonable doubt.[93] The inconsistency and "outright deception" of the witnesses' testimony had irreparably weakened the prosecution's case.[93] Judge William Horkins accused the complainants of "lying or trying to conceal evidence from the court".[94] Lawyer Marie Heinen was able to access thousands of messages between Ghomeshi's accusers and presented them during the trial. [95]
A second trial for one additional charge was scheduled for June 2016. On May 11, 2016, however, the Crown withdrew the last remaining charge, re: the alleged sexual assault against the producer of Q, Kathryn Borel, after Ghomeshi signed a peace bond which does not include an admission of guilt. (The publication ban as to the name of the victim, Borel, was lifted on May 11, 2016.) According to Borel, Henein approached Borel's representation to ask for an alternative to a trial,[96] and after several exchanges Ghomeshi agreed to apologize to Borel and did so formally.[97]
Afterwards, Borel issued a formal statement to the media, maintaining that Ghomeshi was guilty of sexual assault, but that "a trial would have maintained his lie, the lie that he was not guilty, and would have further subjected me to the very same pattern of abuse that I am currently trying to stop".[98]