Pros­ti­tu­tion charge dis­missed

Cape Breton Post - - Cape Breton - news@cb­post.com

A pros­ti­tu­tion charge was dis­missed Thurs­day against a Syd­ney man prior to the start of his sched­uled pro­vin­cial court trial.

David Wayne Ley, 68, of Syd­ney, was among 27 men charged in 2015 with com­mu­ni­cat­ing for the pur­pose of ob­tain­ing sex.

Prose­cu­tor Christa MacKin­non told the court the Crown was dis­miss­ing the charge. Such dis­missals mean the Crown had no rea­son­able prospect of a suc­cess­ful pros­e­cu­tion.

The charge stems from an un­der­cover oper­a­tion led by Cape Bre­ton Re­gional Po­lice into pros­ti­tu­tion ac­tiv­ity in down­town Syd­ney.

Ley is now the fourth per­son to have his charge dis­missed while three oth­ers were found not guilty. Other ac­cused pleaded guilty and were is­sued $500 fines.

Ley’s de­fence lawyer TJ McKeough said Thurs­day his client was parked on Charlotte Street when ap­proached by an un­der­cover of­fi­cer. It was agreed, he said, that $30 would be paid in ex­change for oral sex.

As was the prac­tice through­out the 10-day in­ves­ti­ga­tion, Ley was in­structed to meet the woman in a nearby down­town park­ing lot.

Ley never pulled into the park­ing lot but was ar­rested nearby and told po­lice he never planned on go­ing through with the ar­range­ment and was “just play­ing around and ba­si­cally cu­ri­ous.”

“Be­tween that and not be­ing in the right lo­ca­tion there was no re­al­is­tic prospect of con­vic­tion,” said McKeough, adding there was no proof of Ley’s in­ten­tion to fol­low through with the agreed sex act.

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