Another wrongful conviction -- but as so often is the case there were red flags. The accused represented himself at trial -- almost always a very bad idea. The accused had prior convictions -- no evidence of guilt here but easy to misinterpret. And the accused was a "difficult" man. None of that justifies the wrongful conviction. Rather, it's the sort of thing that makes it more likely:
No more anger. Ivan Henry won't allow himself to go in that direction. There, he says, lies danger. Self-destruction. Perhaps drink. He's lost too much time. Check that: His time was stolen. Mr. Henry was arrested 28 years and five months ago, charged and convicted for a string of rapes he did not commit.
His innocence is now fact. Yesterday, his convictions were quashed; a B.C. Court of Appeal panel acquitted him on every count.
http://www.nationalpost.com/m/story.html?id=3737108
7 comments:
www.olhardireito.blogspot.com
the thing that struck me most about this case is that, 27 years ago, rapists got 27 years in jail. It seems to me know that they are getting off with significantly lighter terms. There was that ex-cop in Quebec who just got released (or paroled) after only 8 years, even though he had committed multiple rapes.
I am reminded of the young lawyer who was awarded with $6M because she was injured while dancing drunk.
What should this guy get?
He represented himself. Take a look at the Basi-Virk corruption trial, or Pickton, or Air India, or any trial for a serious offense and ask yourself if you could afford a lawyer. If I was accused of a serious crime and my choice was defend myself at the cost of my home, which my family kinda needs, or represent myself/plead guilty I would be hard pressed to ruin my family. The cost and complexity of the law has removed any semblance of equality before it.
For a small population, this happens far, far too much in Canada. Why is that? This man has the right to compensation; enough to keep him a good quality of life for the rest of his life.
Rat,
You make a good point (as do the others). Here though the accused decided to represent himself. Usually on serious criminal matters people do get lawyers from legal aid. Do top lawyers act? Yes, but not as often as one would like -- I can do some legal aid acses (like the one I am on now) but only a few. (Now, am I a top lawyer? Different question there -- at least I am a senior (eg old guy) lawyer)...
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