HALIFAX -- Charges against a Halifax lawyer who was accused of sexually assaulting a 19-year-old woman in 2011 are expected to be formally withdrawn Thursday, after the complainant told the Crown she didn't want the ordeal of testifying at a second trial.
Lyle Howe, a high-profile Halifax lawyer, was originally found guilty by a jury in May 2014, but the conviction was overturned on appeal on Sept. 4 and a new trial was ordered.
The Crown said last week it had decided not to retry the case.
Chris Hansen, a spokeswoman for the public prosecution service, said Monday the decision came after hearing from the complainant that she did not wish to give evidence a second time.
Hansen says without the complainant's testimony there is no realistic possibility of a conviction.
The woman spent close to six days on the stand in the first trial, and Hansen said the woman didn't want to repeat the experience of being cross examined.
During the original trial, the young woman testified before the province's Supreme Court that she was impaired and did not give consent to sex with Howe after he came to her Halifax apartment.
Howe argued that he had consensual sex with the woman.
Hansen said the Crown could have compelled the woman to testify a second time, but decided against that approach.
"She had been through an ordeal the first time. She gave it due consideration and took the time she needed and when she informed us she didn't want to do it again, we decided to respect her wishes," she said.
Howe's conviction in 2014 sparked a march through a downtown neighbourhood to the Nova Scotia Supreme Court in a protest organized by supporters who said the trial reflected the justice system's bias against black men.
However, along the route, comments were written in chalk on sidewalks in support of the complainant and women who are victims of sexual violence.
Phil Star, Howe's defence lawyer, said in a perfect world achieving a not guilty verdict through a fresh trial would be the ideal result for his client.
However, he said that Howe is pleased that he won't be going through a second legal process that would take months to complete.
"We are very relieved, very satisfied obviously," said Star. "When you look at the time involved ... the anguish involved... for reasons like that I don't think we're pining for a new trial."
Howe was suspended from legal practice for 15 months after the conviction, but the suspension was dropped when the Court of Appeal ordered the new trial.
The appeal court ruled the trial judge should have instructed the jury to consider the defence of honest but mistaken belief in consent.
Howe spent two weeks in custody after being sentenced to three years in jail on July 30, 2014.