Court of Appeal of New Brunswick

Stephen Lakas says the Court of Appeal of New Brunswick overturned his conviction once he submitted his phone records. (CBC)

A man whose conviction for sexual assault was thrown out by the New Brunswick Court of Appeal is now suing the provincial government, the RCMP, the Crown prosecutor and Legal Aid for $6 million.

Stephen Lakas alleges neither the police, nor his Legal Aid lawyer, bothered to check key phone records, which helped to exonerate him.

As a result, he says he spent two years in a federal penitentiary for a crime he did not commit.

Lakas says he met a real estate agent in 2009 while he was looking at a house in Moncton. He says the agent was flirtatious, and that led to a sexual encounter.

But after he decided not to buy the house, Lakas says the real estate agent told the RCMP she had been sexually assaulted.

Lakas says he repeatedly told the Crown and his lawyer to get his phone records; that they would prove he had several conversations with the real estate agent after the alleged assault, despite the fact she claimed she had nothing to do with him afterward.

But he was found guilty of sexual assault in 2010 and sentenced to 30 months in prison.

It was only while Lakas was behind bars that he managed to get copies of those phone records.

The Court of Appeal subsequently set aside the conviction and ordered a new trial, but the Crown ended up withdrawing the charge.

Lakas has been unable to get any compensation.

He is suing the Crown for malicious prosecution, Legal Aid for negligence, and the real estate agent for making false claims against him.

None of the parties involved have responded to the allegations.