MACINTOSH TAKES THE STAND

MacIntosh in the Custody of the RCMP

MacIntosh takes witness stand in his own defence

 

Developing story

Published on December 13th, 2010

Published on December 13th, 2010

(Nancy King  Cape Breton Post)

Editor’s note: Some readers may be offended by the content of this story.

Topics :

Nova Scotia Supreme Court , Registry of Motor Vehicles , PORT HAWKESBURY , Halifax , Guysborough

PORT HAWKESBURY — Ernest Fenwick MacIntosh told a Nova Scotia Supreme Court justice Monday that he had consensual sexual contact with two of the men he stands accused of abusing in the 1970s when they were teens.

The testimony came on the fifth day of MacIntosh’s trial on charges of indecent assault and gross indecency, as he took the witness stand in his own defence.

Under questioning by his lawyer David Bright, MacIntosh, 67, denied ever taking the first complainant on a trip to Halifax, as the court heard earlier. He said he did take the man, who is now 53, on a boat trip with another man to a summer festival in Guysborough shortly before the man turned 18, at least a year later than is alleged. MacIntosh said it’s possible the man spent the second night there at a home in Boylston, but denied entering his room and performing oral sex on him.

“That is not truthful,” MacIntosh said, adding he’s sure he never stayed at that home.

He said they returned to Port Hawkesbury by boat rather than car, as the man had testified, and he performed oral sex on the man aboard the boat, adding the contact was consensual.

On cross-examination by Crown attorney Alicia Kennedy, MacIntosh said he spent a lot of time with the man and knew his father, but denied knowing that the man had left home in his mid-teens, becoming a ward of the county.

“You say that you spent a lot of time with him but you didn’t know anything at all about his personal circumstances?” Kennedy asked.

There were other consensual sexual encounters with the complainant within the next several weeks aboard the boat and at the rooming house that MacIntosh co-owned, he said. He said the complainant showed him that he preferred to have anal sex by turning his bare buttocks toward him, but Macintosh “was not interested.” MacIntosh said they continued to have contact after that incident.

“As you allege, (the man) would have wanted more from you than you were willing to give,” Kennedy said.

“From a sexual perspective, you’re right, he may have wanted more than I was prepared to get involved in, but that was not the basis of our relationship,” MacIntosh said.

The second complainant was the son of good friends, MacIntosh said. He testified that he didn’t know much about the man, although he knew that he was gay. He said that in mid-1973, as he came home to the apartment building where he lived one evening, he saw the man in the parking lot and he invited him inside. There, MacIntosh said, the man performed oral sex on him.

Kennedy asked why MacIntosh would invite the man inside if he didn’t know him very well.

“Obviously he was at my place, came to the parking lot, and why shouldn’t I invite him in?” he said.

They had other sexual encounters at the apartment, MacIntosh said. While MacIntosh said the man continued to visit him after he moved into the rooming house, he said there was no sexual contact between the two there, because he preferred to be discreet.

MacIntosh denied having any sexual contact with the third complainant, saying he could “barely recollect,” him. The man earlier testified that he was about 10 when MacIntosh touched his penis.

MacIntosh said he wouldn’t have taken any of the complainants with him during visits to his mother’s home, as the court heard earlier in the trial, because he had left home at age 14 because his stepfather was violent. He said he did not return to that home until his stepfather was dying of cancer in 1984.

Under cross-examination, MacIntosh acknowledged he maintained a good relationship with his mother, and visited her many times, but not at her home.

The defence also presented records from the Registry of Motor Vehicles in an effort to confirm what vehicles MacIntosh owned between 1978 and 1984, to support his version of the events.

Kennedy noted the list was not complete because it didn’t include a Mercedes that MacIntosh leased in 1981. MacIntosh replied that that vehicle was leased under his company’s name, Fentronics.

Chief Justice Joseph Kennedy said he intends to set a date in January when he will rule on the charges.

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