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What they didn’t seem to grasp is that Henein’s confident interrogation rests, in part, in the intensive prior investigations that unearth the sort of “gotcha” moments that abounded in .“The first thing I tell clients is to go back and get every single email and every single text you have ever exchanged with the defendant,” says one criminal lawyer who represents complainants in historic sexual assault cases.What the courtroom saw was witnesses who had been celebrated and intrinsically believed outside of the courtroom being undone, not so much by Henein’s legendary cross-examination as by their own words.
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The trial also laid bare the reality that the Crown is there as the people’s representative and, contrary to common assumption, not as the complainant’s lawyer.
There’s no question that the legal system in place to deal with sexual assault is deeply flawed. Ghomeshi was a textbook lesson in how not to navigate that system.
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