DeCoutere admitted that prior to trial, she had not told police that she and Ghomeshi had kissed after the alleged assault that night.



Instead she told police that "nothing stuck in her memory," the judge recounted.



"It is difficult for me to believe that someone" who alleges they were choked during a sexual assault "that they would consider" the information that she kissed Ghomeshi afterward relevant. The judge said he can understand her reluctance not to disclose it, but not that she would believe she should not tell police.



He described it as not credible that she would feel the need to describe the flowers in Ghomeshi's home, about the organization of his shirts, and yet not feel it important to tell police that she kissed Ghomeshi after the alleged incident.