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Jian Ghomeshi trial: Crown will not appeal acquittal

Jian Ghomeshi leaves court in Toronto on Thursday, March 24, 2016 with his lawyer Marie Henein. Ghomeshi was acquitted on all charges of sexual assault and choking following a trial that sparked a nationwide debate on how the justice system treats victims. Frank Gunn/The Canadian Press

The Crown will not appeal the acquittal of former CBC Radio host Jian Ghomeshi, after he was found not guilty of all charges in his high profile sexual assault trial last month.

A spokesman for the Ministry of the Attorney General’s office said Monday that the Crown had declined to file an appeal after finding “no legal basis” following a review of Justice William Horkin’s decision to acquit Ghomeshi on four counts of sexual assault and one count of overcome resistance by choking on March 24.

READ MORE: Jian Ghomeshi trial: Former CBC radio host found not guilty of all charges

“The Crown’s right of appeal from an acquittal is limited to errors of law, and does not include errors relating to factual matters,” the statement issued by Ministry of the Attorney General spokesman Brendan Crawley read.

“This was clearly a difficult case for everyone involved. We have full confidence in the job that our Crown prosecutors do in court every day, as well as all our justice sector partners.”

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Crawley said that in light of the fact that Ghomeshi will return to court to face another sexual assault charge on June 6 in a separate trial, it would be “inappropriate to comment further” about the case.

WATCH: Jian Ghomeshi complainant explains why she’s revealing her identity, speaking out

Click to play video: 'Jian Ghomeshi complainant explains why she’s revealing her identity, speaking out'
Jian Ghomeshi complainant explains why she’s revealing her identity, speaking out

Two of the complainants in the trial waived their right to publication bans, including Linda Redgrave and former Trailer Park Boys actress Lucy DeCoutere, with Redgrave telling Global News last week she felt a lack of support in the witness box while testifying.

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“I was just alone,” she said on April 18. “I was a layperson speaking on the stand with a 25-year seasoned professional, being attacked and I couldn’t really get my story across properly.”

Redgrave said the most difficult part about testifying was not being able to clarify aspects of her testimony during cross-examination, or have someone there representing her and speaking on her behalf.

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READ MORE: ‘I just hope that he doesn’t hurt somebody really badly’: Jian Ghomeshi accuser speaks out

She also accused Horkins of succumbing to “group thinking” but that her seemingly “odd” behaviour of contacting Ghomeshi after the alleged assaults was not uncommon for victims of sexual assault.

“There is a whole different mindset of people who, when they are in an abusive situation, [that’s] how they deal with it,” she told Global News. “And that, [Horkins] didn’t seem to be open to.”

Redgrave’s testimony on two counts of sexual assault was ultimately discounted by Horkins, who said in his judgment that he had found several inconsistencies and areas of concern with her statements to police, media and the court.

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“Under cross-examination, the value of her evidence suffered irreparable damage. Defence counsel’s questioning revealed inconsistencies, and incongruous and deceptive conduct,” Horkins said of Redgrave’s testimony.

“[Redgrave] has been exposed as a witness willing to withhold relevant information from the police, from the Crown and from the Court. It is clear that she deliberately breached her oath to tell the truth. Her value as a reliable witness is diminished accordingly.”

READ MORE: Jian Ghomeshi’s lawyer says she didn’t betray women in sexual assault case

Crawley said the provincial government takes the issue of sexual violence and harrassment very seriously.

“We are committed to building a province where everyone is free from the threat of sexual violence and harassment, and to strengthening supports for survivors,” he said in a statement.

“We believe it’s very important to create an atmosphere where survivors feel comfortable coming forward.”

Redgrave said that Ghomeshi being found innocent of all charges in the case was the wrong decision for Horkins to make, but added that “given the system, that’s the only verdict they could have given.”

She added that there should be a “different arena” for these types of cases and if she could change the judicial system for alleged victims of sexual assault and would want complainants to be given all of the information necessary by police in order to pursue charges initially.

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READ MORE: Ghomeshi trial witness Sarah Dunsworth says verdict ‘disappointing’

Redgrave also said that she would like to see a change to the way sexual assault complainants are tried in Canadian courtrooms.

Crawley said that for its part, the Ontario government is raising awareness to help change attitudes and improve supports for survivors who come forward about sexual violence through it’s $41-million “It’s Never Okay” plan launched in March 2015.

READ MORE: Jian Ghomeshi: What does a not guilty verdict mean for his next sexual assault trial?

He added that the plan also included the development of a pilot program to provide free, independent legal advice to survivors of sexual assault, in addition to establishing an “enhanced prosecution model” that includes a Sexual Violence Advisory Group.

Redgrave has also launched a website, comingforward.ca, to assist women who are going through a trial with supportive information and forums to help them with their legal battles.

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