MacIntosh lawyer wants sex charges stayed
HALIFAX (CP) — The case against a former Cape Breton businessman facing 36 sex-related charges has taken too long to reach the trial stage, a lawyer argued Wednesday in an application to stay the charges against his client.
Court has heard the initial allegations arose in early 1995, but it took the investigating RCMP officer 11 months to track down Ernest Fenwick MacIntosh’s phone number in India.
David Bright, MacIntosh’s lawyer, filed the application for a stay.
The six complainants in the case have been separated into two groups and MacIntosh is facing two separate trials, the first of which is expected to take place in April.
The charges arise from alleged incidents dating back to the 1970s in several Nova Scotia communities.
The identities of the complainants are banned from publication.
MacIntosh left Canada in 1994. Police started investigating complaints in 1995.
The telecommunications specialist spent 13 years in India before he was arrested in April 2007 at his former home in Gurgaon. He was extradited to Canada two months later and remained in custody until April 2008, when he was released on $60,000 bail.
Since that time, he has been living in the Halifax area.
MacIntosh had been facing a total of 43 counts dating back to the 1970s related to eight complainants.
His crimes are alleged to have been committed in Port Hawkesbury, Port Shoreham, Mulgrave, Guysborough, Halifax and Sydney between 1970 and 1977.
But Judge John Embree ruled in May there was not sufficient evidence to commit MacIntosh to trial on seven of the counts.
The charges include indecent assault and gross indecency.
MacIntosh was supposed to go on trial last October in Port Hawkesbury, but the case did not move forward because the defence wanted to cross-examine the investigating officer, who was unable to attend for medical reasons.
MacIntosh has elected trial by Nova Scotia Supreme Court judge alone.
At the time of the alleged crimes, MacIntosh owned a number of businesses in the Strait area of eastern mainland Nova Scotia and was involved with the Strait Pirates junior hockey team, and served on the board of the Cape Breton Offshore Trade Association.