Fenwick MacIntosh requests inquiry into his own case

Ernest Fenwick MacIntosh, who was at the centre of two sexual assault trials in Cape Breton, is adding his voice to those calling for a provincial inquiry into his case.

Inquiry may prove the sexual assault complaints against him were false, says MacIntosh

Ernest Fenwick MacIntosh is adding his voice to those calling for a provincial inquiry into his case. (Canadian Press)

The department of justice says the minister received a request from Ernest Fenwick MacIntosh to hold a provincial inquiry into his case, but the requests will not be considered.

MacIntosh was at the centre of two sexual assault trials in Cape Breton. The former Cape Breton businessman, who is now living in Dartmouth, also wants the province to look into laying perjury charges against some of his complainants, according to an email sent to Justice Minister Ross Landry in May.

MacIntosh went through two trials more than a decade after allegations surfaced that he sexually abused boys in the 1970s.

During the first trial, he was convicted of 13 counts of gross indecency and indecent assault and sentenced to four years in prison. In a second trial, MacIntosh was convicted on another four counts and sentenced to another 18 months in jail.

Those convictions were later dismissed by the Nova Scotia Court of Appeal, which said MacIntosh was not brought to trial in a timely manner and it violated his charter rights to be tried within a reasonable time period.

In the email MacIntosh sent to Landry earlier this year, he claimed two of the complainants colluded and lied on the stand. He also wrote the sexual relations were either consensual or didn't happen.

Brian Casey, MacIntosh's lawyer, said his client feels the courts failed to consider those matters fully.

"The Court of Appeal determined that some of the complaints against him were false and raises whether or not one of the witnesses deliberately lied," said Casey.

'That's crazy'

"Mr. MacIntosh thought that was a proper subject for investigation apart altogether from the issue of delay, certainly clear his reputation to the extent that that's appropriate and if there is enough evidence there for perjury charges he would like to have those laid as well."

Casey said other than acknowledging receipt of his letter, Landry had no response.

"Mr. MacIntosh's point of view is that had there been a new trial that had properly addressed itself to those issues he would have been acquitted apart from the delay issues," he said.

One of the men who accused MacIntosh of sexually assaulting him called the latest claims "preposterous."

"He says it was consensual sex he had with me and it was two cousins who got up together and made up the story. Well, that's crazy," said the man, who can only be identified as R.M.

Nova Scotia's opposition parties, as well as some of the complainants, have called for an independent public inquiry into how authorities handled MacIntosh's case after his long-standing legal saga was thrown out of Canada's highest court in April.