Crown plans to appeal Fenwick MacIntosh case
PORT HAWKESBURY, N.S. – Ernest Fenwick was released on December 8, 2011, when Nova Scotia's Court of Appeal threw out his 17 convictions. Now there is word that the Crown wants to appeal that decision, renewing hope for MacIntosh's alleged victims.
One of MacIntosh's victims, who can't be named due to a publication ban, sees this as an opportunity.
"We get one last kick at the can. They've got one last step to go here and if they're successful, fine. If they're not, they're not," said the alleged victim.
MacIntosh was set free because the appeal court felt it took too long to bring him to trial. He was initially charged in the mid-1990's, but wasn't extradited from India until 2007.
One of his alleged victims believes the Crown's decision to appeal was instigated by a national group against child exploitation called Beyond Borders. The group's lawyer wrote a letter to Nova Scotia's attorney general saying justice was denied when MacIntosh's convictions were overturned.
Even if the appeal is heard it will mean another long court process but for MacIntosh's alleged victims it is worth the wait.
"We're in this for the long haul because it's important he gets to jail for any amount of time. And it's important to let other victims know that is anything happened to them, justice can be done," said an alleged victim.
The appeal application will be field to the Supreme Court of Canada by February 6.