A former Port Hawkesbury businessman accused of sex offences against four young boys may not be in the clear after all.
The Supreme Court of Canada will hear a crown appeal of a lower court’s decision to throw out 17 convictions against Ernest Fenwick MacIntosh.
The convictions of indecent assault and gross indecency were overturned last year, with the Nova Scotia Court of Appeal ruling that a 14-year delay between the original allegations and the eventual trial was too long.
Senior Crown Attorney Jennifer MacLellan says her office has argued it wasn’t responsible for the delay.
“The position that we have taken throughout has been that the primary responsibility for the delay in this case lies at the feet of Mr. MacIntosh,” MacLellan says. “So that is the position that we have advocated at all levels of court here, and that’s the position that we will continue to advocate at the Supreme Court of Canada.”
The allegations against MacIntosh date back to the 1970s, but only surfaced in 1995, while he was working in India.
MacIntosh wasn’t extradited back to Canada until 2007.
Ernest Fenwick MacIntosh arrives at Nova Scotia Court of Appeal in Halifax on June 8, 2011. The Supreme Court of Canada will hear a Crown appeal in a case where a Nova Scotia appeal court threw out convictions on 17 charges of gross indecency and indecent assault involving six boys. The provincial court of appeal quashed the convictions against Ernest Fenwick MacIntosh last year, ruling that a 14-year delay between the original allegations and the eventual trial was too long. THE CANADIAN PRESS/Andrew Vaughan
MacIntosh sex offence case to be heard in Supreme Court of Canada
News 95.7 Staff with files from The Canadian Press
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