Vancouver Sun

Freed man ‘ not innocent’: Vancouver

Wrongful conviction: Trial for damages related to 27- year jail term delayed until 2015

- Ian Mulgrew imulgrew@ vancouvers­un. com

This isn’t about guilt or innocence. That’s not what this forum is about — this is about a wrongful conviction.

Aman freed after 27 years of wrongful imprisonme­nt for serial sex crimes is facing claims by the City of Vancouver backed by the provincial government that he is really guilty.

In an astounding defence against civil damages, a city lawyer told B. C. Supreme Court Chief Justice Christophe­r Hinkson that a lengthy six- month trial was necessary to establish Ivan Henry’s right to compensati­on for his quarter- century ordeal.

“My clients don’t accept the assertion he is innocent,” said Bruce Quayle of the city’s legal department. “The ( B. C.) Court of Appeal didn’t say that.”

In its defence filed with the court, the city says Henry “committed one or more of the sexual assaults for which he was convicted … and, as a result, is not entitled to an award of damages” for wrongful conviction.

A lawyer for the provincial government, John Hunter, told the pre- trial hearing Friday that Victoria hadn’t made the same point in its statement of defence but it essentiall­y agreed with the city.

“The Court of Appeal said he was wrongly convicted,” lawyer John Hunter said. “We accept he wasn’t properly convicted.”

He added, however, that if Henry got in the witness box and declared his innocence — which is not an overt claim made in his pleadings — the province would think “we’re being sandbagged” and challenge him.

In the otherwise empty public gallery, the stocky, greying, 67- year- old Henry listened impassivel­y.

He was declared a dangerous offender after being convicted in 1983 of three counts of rape, two counts of attempted rape and five counts of indecent assault for attacks on eight Vancouver women.

After an investigat­ion into exculpator­y material discovered during the investigat­ion of Robert Pickton’s serial killings, Henry was released in 2009.

The B. C. Court of Appeal acquitted him in October 2010 after the Crown conceded evidence wasn’t disclosed to the defence and other mistakes had been made in the prosecutio­n and by the judge during the trial.

The appellate bench said no reasonable jury would have convicted Henry.

Four years later, he faces a lengthy trial more than a year from now to win compensati­on for the police, prosecutor­ial and government­al mistakes that led to his conviction and incarcerat­ion for crimes now attributed to another man.

Henry’s lawyers complained bitterly they have been stonewalle­d attempting to get agreement on facts that would significan­tly shorten the trial by eliminatin­g the need for most witnesses, reducing it to the legal arguments .

“We’ve got nowhere,” lawyer Cameron Ward said. “Their current position is to deny everything.”

If innocence and underlying facts are an issue, he added, it could entail calling the victimized women to testify and relive a three- decades- old horror.

Quayle said the city had already “caved to that pressure” by amending its pleadings to prevent that scenario, but it was not abandoning the position.

Henry has proclaimed his innocence from the beginning and filed scores of court applicatio­ns futilely fighting for his freedom.

“For 32 years he has been fighting for vindicatio­n and claiming his innocence,” Ward fulminated. “When he was freed, they left him to his own devices and offered him nothing. He’s unemployab­le, psychologi­cally damaged and has had to take out a bank loan to pay his living expenses.”

In 2011, Henry filed the civil suit against the province, the federal government, the city and members of the police department. He wants millions of dollars in damages for police, prosecutor­ial and government­al misconduct.

In April 2013, a judge allowed him to expand his claims for Charter damages but the B. C. Court of Appeal disagreed.

Henry appealed that decision to the Supreme Court of Canada and a hearing is set for Nov. 13.

As a result, the start of his civil trial was postponed until a ruling is made — a process that usually takes between five and seven months.

Henry’s lawyers hoped to start proceeding­s next April, but Chief Justice Hinkson had other trial commitment­s.

He was not happy with the delay, and emphasized that he was “chagrined” the case would require more than 100 days of trial time.

After the hearing, the lawyers spent several minutes in an animated discussion about the alleged intransige­nce and the need for more co- operation.

They found little common ground.

“It’s been four years and he hasn’t received a dime,” a frustrated Ward fumed as he left the courtroom.

Hunter, the province’s lawyer, replied: “And he won’t get a dime until he wins his case!”

Outside, Henry shrugged off the delay.

“They’re pricks,” he said. “This isn’t about guilt or innocence. That’s not what this forum is about — this is about a wrongful conviction, and damages for that wrongful conviction.”

Chief Justice Hinkson set the civil trial for Aug. 31, 2015.

 ?? IAN SMITH/ PNG ?? Ivan Henry, wrongfully imprisoned after spending 27 years in jail for sex crimes, is facing legal hurdles in his bid for damages. A civil trial is set for August 2015.
IAN SMITH/ PNG Ivan Henry, wrongfully imprisoned after spending 27 years in jail for sex crimes, is facing legal hurdles in his bid for damages. A civil trial is set for August 2015.
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