What will the strategy be with the actual trial - 5 separate trials? Could that be done? Can one opt for a non jury trial? leave it to a judge alone? Yes Ghomeshi was sick predator. But he got the not guilty verdict - from a judge alone I think. I can see that here too. Even if their actions look pretty ugly. Whipping out a phone for a video deposition post sexual act is not a great look. The Crown questions will be easy:
Q. Why did you make that recording sir?
Q. Is this something you routinely do?
Q. Where did you get the idea to do this?
Can five separate trials be done? Yes. Defence would have to ask for severance, for 2 or more separate trials. The Crown will point out how it's easier to have only 1 trial since the complainant and all other witnesses only have to testify once. The person asking for severance would have to show why having 1 big trial would be unfair. The experts asked by Westhead seemed to think severance is unlikely.
Can one opt for a non-jury trial? Each Accused will be given three choices - trial in lower court, trial in higher court with a judge alone, and trial in higher court with judge and jury. The thing is - the highest election wins. If only 1 elects judge and jury, then they all go judge and jury. That being said defence will all talk about it behind closed doors. The traditional thinking was a jury is the better election on sexual assaults, but that may have changed.
Do remember all five Accuseds get to decide whether to testify or not. If they don't testify, the Crown can't cross-examine them. And even then - typically in cross-examination you only want to ask questions you already know the answer to, so those might not in fact be great questions.
Think more like:
Q. You took this video?
Q. On your own phone?
Q. Of the girl you just had sex with?
Q. You asked her to confirm the sex was consensual?
Q. That's because you were worried she would say it wasn't consensual, right?
Q. You were worried she would say it wasn't consensual because of how drunk she was, right?
