Former prosecutor says child advocate would be 'investigating herself' in Humby-Escott probe

A retired Crown prosecutor is questioning the premier's decision to direct Newfoundland and Labrador'schild and youth advocate to investigate the handling of sexual abuse allegations, because of her previous role asa senior official in the department she wouldnow be investigating.

Mike Murray said he isn't convinced Linda Clemens Spurrell is the right choice, since she "comes right out of the system."

Clemens Spurrell was theassistant deputy minister for the child and youth services branch of theDepartment of Children, Seniors and Social Development (CSSD) from 2019 to 2022.

"She'd be investigating herself," Murraytold CBC Radio'sSt. John's Morning Showon Friday.

Police search warrant documents obtained by CBC Investigates which are untested in court showgroup home workers, social workers and the Royal Newfoundland Constabularywere aware of allegations involving Humbyfor several years.

According to the documents, police investigated and cleared Humby of a sexual assault complaint in 2007, only to return to the complainant in 2023 and decide to press a charge.

That complainant has now hired a lawyer, Stephen Barnes, who told CBC News: "He wonders if there would have been no other victims if his complaint had been taken seriously."

The documents show concerns began to grow in November 2019, when a social worker called the RNCto report thata 14-year-old boy was in a sexual relationship with Humby.

According to the documents, concerns about Humbywere logged in CSSD case files in 2019, 2020, 2021 and 2022. Humby wasn't charged until April 6, 2023.

Murray questioned whetherClemens Spurrellshould be involved in the investigation, since she was a senior official with the department during those years.

The premier's office declined to address Murray's comments, steering CBC News to the advocate's office to speak for itself.

In a written response, the advocate's office said it"has been in existence for more than 20 years and is well positioned to carry out this mandate."

"We have already commenced our due diligence to move this matter forward," the statement reads.

No reports filed by current advocate

Murray also took issue with the lack of investigative reports filed by the Office of the Child and Youth Advocate since Clemens Spurrell took over the role in October 2022.

According to the office's website, the previous advocate, JacquelineLake-Kavanagh, authored 15 reports between 2017 and her retirement at the end of 2021.

Since Clemens Spurrell took over the role, none have been published in nearly two years.

"I don't know if she's ever investigated anything," Murray said. "I don't know if she has the tools or the ability because there's no track record."

When asked who would be a better fit for an investigation into the handling of the Humby-Escott allegations, Murray said it should be someonewho worked "totally outside the system."

"There needs to be somebody who is maybe an experienced lawyer, who has worked in the criminal justice system [and]has worked with youth in care," he said.

Furey announced decision to appoint advocateon X

On Thursday morning, Premier Andrew Fureyannouncedhis decision to have the advocate leadan investigation via a post on X, formerly Twitter.

Furey has not been available for interviews on the matter since his post described "information coming to light" in the Humby-Escott caseas being "deeply concerning."

• CBC INVESTIGATES |A darkness on the edge of town:Unsealed police search warrant filings shed new light on allegations of a long history of sexual abuse

A cabinet order published online sheds more light on exactly what the premier has directed the child and youth advocate to do: "to review, investigate and report on the policies and procedures in place to ensure the safety and well-being of children and youth in receipt of protective intervention services where a report is received alleging that a child or youth has been sexually abused or exploited."

CSSD has declined comment on stories about the Humby-Escott matter because it is before the courts.

Earlier this week, the RNCstressed that it remains an active and ongoing investigation.

"There has been dramatic shift in criminallaw over the last decade with respect to sexual violence, specifically involving youth complainants," Const. James Cadigan said.

"These changes in the criminal justice system have been reflected in our Child Abuse and Sexual Assault Unit through specific training that incorporates trauma-informed, victim-first, approaches that focus on the safety and well-being of all those who come forward to police."

Escott and Humby were longtime neighbours on the same street in the east end of St. John's.

Escott has accepted a plea deal and is due back in court in November. He is charged with 14 offences.

Humby has pleaded not guilty to 33 counts; his trial is set to begin in March.

The Royal Newfoundland Constabulary announced 39 more charges against Humby on Tuesday, in the hours after the first CBC Investigates story was published.

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