Mac­In­tosh lawyer wants sex charges stayed

Cape Breton Post - - FRONT PAGE -

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.

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