Canadians have had their gaze fixed on the sexual assault trial of Jian Ghomeshi since it began last February. A Toronto court today found Ghomeshi not guilty on four counts of sexual assault and one count of forced choking. (It’s important to note that Ghomeshi has a second sexual assault trial pending for June, this time with only a single complainant).
Justice Horkins’ 26-page verdict on the Ghomeshi trial is available here. I’ve personally had a lot of difficulty thinking any clear thoughts about the verdict, besides just anger, frustration and sadness. This is what most stood out to me in the judge’s verdict…
“There is no other evidence to look to determine the truth. There is no tangible evidence. There is no DNA. There is no ‘smoking gun’. There is only the sworn evidence of each complainant, standing on its own, to be measured against a very exacting standard of proof.” ( p. 23).
“The standard of proof in a criminal case requires sufficient clarity in the evidence to allow a confident acceptance of the essential facts. In these proceedings the bedrock foundation of the Crown’s case is tainted and incapable of supporting any clear determination of the truth.” ( p. 25).
My thoughts: we need to seriously consider our standards of “truth” and “truth-acceptance” in the science of jurisprudence, especially in criminal trials of this nature. The very thought that there is a concrete, determinate and independently real “truth” to the matter seems, to me, fundamentally misguided. The presumption of innocence – widely considered a crucial aspect of a fair criminal justice system – appears to have failed to actualize the goal of justice in this case. This, because this presumption not only places the burden of proof on the Crown and Ghomeshi’s alleged victims – more importantly, it puts survivors, rather than their assailants, on trial.
Our justice system is as pervasively Christianized in this respect as countless other liberal occidental institutions. Failing to speak the truth, in full knowledge of it, when called upon as a witness, is already called a sin, in Leviticus. Obviously the implication is that the notion of absolute truth, metaphysically, is as distant from us as knowers as God is.
I do not know what is to be done. I only know that I am made sick by the godless, who create themselves in the image of gods, in the name of a god called, “Justice”.
The “smoking gun” Justice Horkins is looking for, as I see it, is the justice system itself. And the DNA he is looking for is only its own genealogy.