Story Archive

A Beautiful Defense

Dzenita Omerovic said her ex-boyfriend, Guesly Gemelus, assaulted her on two separate occasions in a Whitby, Ont., motel room. Photographs of her injuries backed up her charges. At the trial, Omerovic was on the stand, and changed the subject while defense attorney Ines Gavran cross-examined her. “May I just say something?” Omerovic asked. “OK,” said Gavran. “You are beautiful,” Omerovic said. As a result of this exchange, Justice Joseph De Filippis dismissed most of the charges. “The record before me,” De Filippis ruled, “shows the complainant to be obsessive, occasionally vindictive, and insecure.” Alice Woolley, a University of Calgary law professor and president of the Canadian Association for Legal Ethics, called the decision suspect. “You generally do not draw legal conclusion based on the kind of person someone is,” she said. “You draw it based on the evidence.” Gemelus was found guilty of two counts of breaching bail conditions by making contact with Omerovic, but all other charges were dismissed. When asked to comment, Gavran — a former Miss Canada — said only, “Justice De Filippis’ ruling and his assessment of the credibility of the complainant speaks for itself.” (MS/National Post) ...So does the attitude toward a woman being disregarded for superficial reasons.