Sunday, 7 February 2016

What is Marie Henein's end game?

The trial of the former Q host on CBC is well underway. Five days so far of mediocre prosecutorial presentations while on the adversarial side, the best Grand Guignol cross-examination that defence lawyer Marie Henein is capable of executing.

What if Henein's agenda were to expose how the Canadian (in)justice system, with regard to crimes of sexual assault and trials, is fundamentally patriarchal?

Here's one account of the grim proceedings.  As well, _Chatelaine_ has produced formidable coverage of many aspects of the trial.

This insight into the first days of the trial came from a surprising source.
Though she was roasted and toasted in cross-examination by the former broadcaster’s lead lawyer, Marie Henein, it’s important to note that for all the inconsistencies in the woman’s evidence — some significant — a constant in her police statement, many media interviews and testimony this week is her claim that Ghomeshi struck her hard, with a closed fist she thought, on the side of the head.
[..] Her difficulties arose, in my view, in part because it appears her allegations weren’t as thoroughly investigated by the police as perhaps they should have been and because prosecutors didn’t thoroughly examine her or re-examine her at all.
The blow of those terribly damaging emails and the bikini photo she sent Ghomeshi, for instance, a year after the second alleged assault where he purportedly smacked her in the head, would have been mitigated had she been asked follow-up questions when she mentioned, voluntarily in examination-in-chief, that she had “a vague memory” of writing a note to him, in anger, but wasn’t sure she’d sent it.
“You aren’t trying to hide the fact that you might have written Mr. Ghomeshi?” prosecutors could have asked.
The question alone would have diffused the impact of Henein’s revelation.
I'm not the only one who is wondering, WTF game is the prosecution playing?  Why are the Crown lawyers throwing the complainants under the bus?  This from Jane Doe, provides illumination.

On the other side, my daughter - a decade younger than Ghomeshi or Henein - loathes what the former did as well as his lawyer's antics.

She has nothing but contempt for the high-stakes histrionical performance the latter is currently offering.  She thinks the lawyer is an opportunist who will leverage a spectacular win to catapult herself onto a larger and more lucrative stage.

The Ghomeshi trial could indeed do for Henein's reputation what OJ Simpson's did for the Kardashians: transform her into a minor US celebrity.

This is the Toronto Life article about Henein that gave my daughter pause, with regard to Henein's professional choices.

Perhaps her perspective is lopsided.  After all, she's a mere physician in a demanding specialty.  In her line of work, individuals who apply such rigour and dedication to the pursuit of excellence _only_ save lives.  They don't destroy them.


the salamander said...

.. so many questions, so many confusions, so few 'answers', so much playing of media, so much preaching by media.. all in a wild new world of social media..

By now, courtesy of elected political leaders.. we should be unsurprised by public servants such as MP's, MPP's or Ministers et al attacking the judicial systems, Constitution and Charter.. so why surprise as lawyers explore such ripe situations.. or fail to defend or uphold due process etc.. ?

The #ghomeshi Assault Trial seems precedent setting in so many ways, my head spins.. and the 'spin' emanating from the courtroom is astounding..

Though I see still to be proven Assault as a very very likely fact, its stunning that it seems a vital component of 'Grooming' ! Instead of vice versa! As if surprise assault is a mere pragmatic, quick screening test for tolerance or acceptance.. or interest.. !

I start to wonder if that very odd former CBC star seeks to quickly cull the victims from the volunteers with a closed fist, a quick choke, cut to the chase so to speak, or cut it short in fact & just get to his particular dark complicated version of romance or mutually consented to consensual fantasy land?

The more I consider the whole bizarre reveal of what may go on in the first dates of some adults in this particular case.. the more I wonder if we are seeing a sort of MARRD evolution .. ie Mutually Assured Romance & Reputation Destruction .. as it does appear that no matter what the intentions or belief or trust.. those dangling with Mr Ghomeshi should expect little else

Alison said...

"What if Henein's agenda were to expose how the Canadian (in)justice system, with regard to crimes of sexual assault and trials, is fundamentally patriarchal?"

I dunno, deBeauxOs, she has advised students in a workshop how to get around the rape shield law in judge only not juried sex assault court cases.

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