There's the nasty looking leprechaun again.... "Creep still creeping by... with the "just us " system protecting his pedophile ass!http://www.capebretonpost.com/News/Local/2012-08-23/article-3059597/Date-set-for-Crown%26rsquos-appeal-in-MacIntosh-case/1
PORT HAWKESBURY — A tentative date has been set for when the Supreme Court of Canada could hear the Crown’s appeal of the quashing of sexual convictions of Ernest Fenwick MacIntosh.
Topics : Nova Scotia Court , India , Canada , Port Hawkesbury
The court’s website lists the tentative date for the appeal as April 22. The docket posted online indicated there was subsequent correspondence filed with the court by both Crown attorney Jennifer MacLellan and defence lawyer David Bright, so it’s unclear whether the date may change. MacLellan could not be reached for comment Thursday.
The court announced in June that it granted the Crown leave to appeal a decision of the Nova Scotia Court of Appeal that threw out 17 sexual convictions against MacIntosh. It did not comment on the reasons for its decision.
After he was extradited from India in 2007, MacIntosh, 68, was convicted in two separate trials of 17 counts of indecent assault and gross indecency involving four male youths.
The charges date back to the 1970s in the Port Hawkesbury area, when MacIntosh operated a number of businesses and served on the executive of a local hockey team. The first count was laid against MacIntosh in 1995.
In December, the Nova Scotia Court of Appeal unanimously stayed all charges against MacIntosh, finding that his right to be tried within a reasonable period of time had been infringed upon.
MacIntosh left Canada for India in 1994. The following year the first complainant filed a report with police. Although the Crown attorney’s office began the extradition process in 1997, a formal request wasn’t forwarded to India until 2006. MacIntosh was extradited the following year.
MacIntosh’s lawyer has argued that the Crown knew his client’s whereabouts for 12 years and hasn’t explained why it waited so long to file for extradition.
A summary of the case on the court’s website states that among the issues at play in the case are MacIntosh’s right to be tried within a reasonable time and how his decision to remain outside of Canada informs the analysis of that right; whether his failure to return to Canada to face charges is the main consideration in the balancing of interests under the accused’s right to be tried in a reasonable period of time; and whether the Court of Appeal erred by imposing a stay and quashing convictions.
Also at play is whether the Court of Appeal erred in law by failing to properly consider society’s interest in a trial of allegations of sexual violence against children and young persons; whether the trial judge misapprehended evidence; whether the trial judge failed to consider collusion of witnesses; and whether the trial judge erred in assessing credibility
1. His lawyer should ask him to lose that smirk he appears to wear on his face at every photo op.
2. evergreensydney - August 24, 2012 at 12:21:02 Another predator will walk free because he is ""entitled to appeal~So sad that people had to go through this only to have this so called man get off on technicality !Justice systems only work for the accused, not the victimns!In this case he "admitted " to some which makes him guilty...he disgusts me and hope Karma pays him a well deserved visit soon !!Real soon !