Nova Scotia

MacIntosh released pending 2nd appeal

Ernest Fenwick MacIntosh has been released from jail while he prepares an appeal on a second set of convictions for sexually abusing boys in the 1970s.

Ernest Fenwick MacIntosh has been released from jail while he prepares an appeal on a second set of convictions for sexually abusing boys in the 1970s.

The Nova Scotia Court of Appeal agreed to release the 68-year-old on Monday.

He must remain under house arrest and abide by a strict set of conditions, such as having no contact with anyone under the age of 14.

MacIntosh, of Port Hawkesbury, was convicted of sex crimes against young boys in eastern Nova Scotia in two separate trials.

He was sentenced to four years in jail after he was convicted on 13 counts of gross indecency and indecent assault last July. He was given two years' credit for time already spent in custody.

MacIntosh sought an appeal, arguing that there was conflicting testimony about a date. In October, a court agreed to release him from jail ahead of a second trial on similar charges.

The Crown did not oppose MacIntosh's release because it had already failed twice before to keep him behind bars. 

"We thought the most important thing was to get the best conditions we could to protect the safety of the public," Crown attorney Jennifer MacLellan said Monday.

"He's on very stringent release conditions. There is a mortage on his property in favour of the Crown, his passport has been surrendered, he's not allowed to have any contact with children under the age of 14." 

The retired businessman is out on $60,000 bail, and his other bank accounts are frozen, MacLellan said.

MacIntosh said he's been diagnosed with cancer and roughed up by other inmates while in jail.

Defence lawyer Brian Casey said his client is relieved that he won't be going back to jail.

"Mr. MacIntosh is a vegetarian and is unable to get a vegetarian diet when he's in custody.  So that certainly had some implications on his health. But, subject to that, he's happy to be released," Casey said.

In January, MacIntosh was found guilty on another two counts each of gross indecency and indecent assault. He was sentenced to 18 months in jail with no credit for time served.

RCMP in Nova Scotia received the complaints about the former Port Hawkesbury businessman more than 15 years ago.

MacIntosh was arrested in 2007 in India, where he worked as a telecommunications specialist for 13 years. He was extradited to Canada two months later.

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