The Canadian Press
VANCOUVER: The lawyer for a British Columbia man wrongfully convicted of sexual assault says the his client’s 27 years behind bars devastated his family and also caused serious harm to the integrity of the judicial system.
Ivan Henry is suing prosecutors for allegedly breaching his charter rights after he was acquitted in 2010 of 10 sexual-assault convictions.
His lawyer, John Laxton, told B.C. Supreme Court the pre-trial identification process was seriously flawed, referring to a photo of a police lineup that showed Henry being held in a chokehold by officers.
The province’s appeal court initially prevented Henry from holding prosecutors liable for negligence following his acquittal.
The Supreme Court of Canada overturned that decision earlier this year, ruling that Henry is allowed use the Charter of Rights and Freedoms to sue prosecutors.
Henry is seeking damages for malicious prosecution and abuse of process over allegations that Crown lawyers didn’t disclose all the evidence in his case.