Conviction would be roadblock for Jian Ghomeshi in U.S.

Conviction would be roadblock for Jian Ghomeshi in U.S.

Former CBC host Jian Ghomeshi’s future career could hit a major roadblock south of the border if he’s convicted, a criminal law specialist said Thursday.

“A criminal conviction for an offence such as sexual assault will cause him to have problems to travel into the U.S. for years after his sentence is served,” defence lawyer Daniel Brown said.

“Typically, a sexual conviction can render you inadmissible to the U.S. unless you get special permission or a waiver to enter the U.S.

“The notion he can just pick up and leave for the U.S. is an unlikely one,” said Brown, who has practised law for 10 years.

Ghomeshi was charged Wednesday with four counts of sexual assault and one count of choking to overcome resistance. His lawyer, Marie Henein, has said her client will plead not guilty.

The enormous media coverage of the allegations — which preceded his charges Wednesday — may compel Ghomeshi to pick a judge-alone trial because an impartial jury may be tough to find, Brown said.

But it’s premature to make that judge-or-jury decision before his defence lawyers vet the disclosure and complete a preliminary hearing first, he noted.

Fellow defence lawyer Leora Shemesh agreed a sexual assault conviction could pose problems for Ghomeshi.

“I have clients convicted of attempted murder who enter the U.S. but people convicted of drug offences have a harder time crossing the border,” said Shemesh, who has practised for 15 years.

“The stigma of being associated with a violent sexual offence against a woman is a greater problem for him, his reputation, his professional liabilities,” Shemesh said. “Ghomeshi was in the public realm. He’s pretty much finished if there is a conviction.”

Shemesh said Ghomeshi should be tried in the courts, not the media.

“Everybody has already written him off — that’s a huge mistake. He hasn’t had a trial. Give the justice system a chance,” she said.

Shemesh has experience with clients who have endured massive coverage when charged and then were cleared at trial.

Last year, she represented a London woman, Vanessa Cachia, who had been unfairly labelled a pimp and a human trafficker for two years. Cachia had her mug shot spread all over the Internet and her arrest was recorded by a W5 TV team that took a ride-along with York Regional Police.

“They really did ruin this girl’s name. It’s really sad. She’s a really good kid,” Shemesh said of the 23-year-old.

In September 2013, all the human trafficking charges were withdrawn by the Crown.

The remaining charges were dropped by after a judge stated there was no evidence to go to trial, Shemesh said.

http://www.torontosun.com/2014/11/27/conviction-would-be-roadblock-for-jian-ghomeshi-in-us