MacIntosh found guilty of ‘repugnant’ sex crimes against boys.
Ernest Fenwick (Fen) MacIntosh walked out of the Sydney Justice Centre, after being released on bail in April 2008, in this Post file photo. His application for a stay in 36 sex charges has been denied.
PORT HAWKESBURY — Fifteen years after the first charges were first laid against him, Ernest Fenwick MacIntosh has been convicted of 13 sex crimes against boys dating back to the 1970s.
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It took well over an hour for Nova Scotia Supreme Court Justice Simon MacDonald to read his verdict Tuesday, following a five-day trial earlier this month. He found MacIntosh, 67, guilty on counts of gross indecency and indecent assault against two victims who are now in their 40s. MacDonald found MacIntosh not guilty on another 13 similar charges.
MacDonald discounted the evidence of a third complainant, the brother of the man who initially complained to the RCMP in 1995.
MacIntosh, wearing a navy pinstriped suit, showed little emotion as MacDonald read his decision.
MacDonald said he may have suspicions about some of the other counts for which he found MacIntosh not guilty, but that doesn’t amount to proof beyond a reasonable doubt.
Given the nature of the crimes and the ages of the boys involved, MacDonald said he wasn’t prepared to allow MacIntosh to walk out of the doors of the courtroom, and ordered that he remain in custody until his sentencing Sept. 14.
“I just found these actions committed upon these children … by Mr. MacIntosh to be repugnant, and I think society would look upon justice lightly if it was to say that you’ve been found guilty of 13 counts of sexual activity involving young children and you walk out the door. I’m not going to be a part of that,” MacDonald said.
MacDonald said the case hinged on credibility. The judge rejected MacIntosh’s testimony that he had had consensual sexual contact with two of the complainants when they were in their late teens. He noted he was impressed with the amount of detail the initial complainant was able to offer in his testimony, and generally where his testimony differed from MacIntosh’s, MacDonald believed the victim’s account.
Crown attorney McGrath indicated the Crown will seek a federal prison sentence, which would be at least two years. Defence lawyer Brian Casey declined to tell reporters what he will seek. MacIntosh spent one year behind bars prior to being granted bail.
One of the victims was in the courtroom for the verdict. McGrath said he indicated he was relieved the ordeal was over and looked forward to moving on with his life.
“The Crown is content that Justice MacDonald very carefully considered the evidence and provided a very sound and reasoned decision, based on the findings of fact as he made them,” McGrath said.
Casey said his client was disappointed with the verdict and they will study the decision to determine if there are grounds to appeal. He has said the passage of time since the incidents were alleged to have occurred hurt the defence’s ability to track down evidence and call potential witnesses. The defence had presented motor-vehicle records showing the vehicles MacIntosh owned during the mid- to late-1970s in an effort to corroborate its timeline.
McGrath acknowledged that it’s challenging when dealing with allegations that took place well in the past, but noted it’s not uncommon.
Casey stood by the decision for MacIntosh to testify.
“Mr. MacIntosh’s explanation for what happened has not been accepted by the court, but he certainly stands by it, unfortunately judges rely on the wrong things in coming to their conclusions, but he’s glad to have testified, glad to have told his side of the case,” Casey said.
MacIntosh was living in India when the charged were laid, and was extradited back to Canada in 2007. The delay between the laying of the first charges and his subsequent extradition was due in part to a rule that only allows a Canadian citizen to be tried on counts for which he was extradited. The process of bringing MacIntosh back to Canada ground to a halt until the criminal investigation was completed.
The Crown asked for a pre-sentence report and a sexual offender assessment.
MacIntosh will face a separate trial involving 10 charges and three complainants for which dates have yet to be set.
He had two earlier convictions for sexual assault and indecent assault for incidents that occurred in the 1980s.
nking@cbpost.com
Cape Breton News 