Monday, March 2, 2015

For MacIntosh complainants, justice of a kind

Wrestling a greased pig
For Bob Martin of Port Hood, the conviction of Ernest Fenwick MacIntosh in Nepal for molesting a nine-year-old disabled boy is a relief.

Mr. Martin is one of nine complainants who, starting in 1995, accused the former Port Hawkesbury businessman of sexually assaulting them as youngsters.

Mr. MacIntosh was eventually extradited from India, where he moved shortly before allegations surfaced.

The process was slow and inefficient. Twice Mr. MacIntosh renewed his passport from India, even though it was flagged, or supposed to be, by Canadian authorities.

He was convicted of 17 counts of sexual assault in 2010 and 2011, but the convictions were overturned. The Nova Scotia Court of Appeal ruled that extensive delays in the case had violated Mr. MacIntosh’s right to be tried within a reasonable time, a ruling upheld in 2013 by the Supreme Court of Canada.

The case exposed deep flaws in how such cases are handled in Nova Scotia, where Crown attorneys have long complained of heavy caseloads that prevent them from spending enough time on each one.

Shockingly, it revealed prosecutors’ unfamiliarity with the extradition procedure, a lack of public prosecution service oversight of, and help with, complex cases, and problems with how Ottawa deals with flagged passports.  (more...)


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