Ernest Fenwick MacIntosh complainants 'concerned' by travel - Action News
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Nova Scotia

Ernest Fenwick MacIntosh complainants 'concerned' by travel

Men who were sexually abused as boys by Nova Scotia businessman Ernest Fenwick MacIntosh say it's difficult to watch him move on with his life.

MacIntosh convicted of 17 child sex crimes, conviction later overturned due to 'bureaucratic bungling'

Ernest Fenwick MacIntosh, a former businessman from Cape Breton, N.S., faced two sexual assault trials. He was convicted at the end of both but went on to win an appeal.

Men whowere sexually abused as boys by Nova Scotia businessman Ernest Fenwick MacIntosh say it's difficult to watch him move on with his life.

It makes me sick to my stomach. What kind of closure did we have? We tried to do the right thing- Complainant

MacIntosh's convictions were overturned three years ago. Now he has a job that involves international travel.

MacIntosh was convicted of 17 sex-related charges involving three complainants who were boys at the time of the offences, during the 1970s.

His convictions were overturned on appeal because it took too long to bring him to trial, partly because he had to be extradited from India. In 2013, Canada's top court upheld a lower court ruling that threw out the 17 sexual abuse convictions against MacIntosh who is now in his early 70s because of the delay.

After that ruling, Justice Minister Peter MacKay apologized to the victims, calling the system failure a "depressing display of bureaucratic bungling."

The first complainant, whom CBC News has agreed not to name, says he recently found videos of MacIntosh in his new job, promoting companies who sell spices.

He's been trying to follow MacIntosh since his acquittal.

"It'slargely aconcern, obviously. It's not a fun thing because when I see thisit hits me in the gut,"he said.

"It makes me sick to my stomach. What kind of closure did we have? We tried to do the right thing. We came forward and, I meanthat was a hard thing to do, and this man walks away. We're just trying to find some closure in this."

An online publication called The Spice Journal lists MacIntosh as an investor and senior director.

In online videos made since his acquittal, MacIntosh is seen back in India and in Sri Lanka. Another one of his victims, whom CBC News has also agreed not to name,is concerned.

"And of course Sri Lanka, I don't think, doesn't have any great treaty with Canada. But again, if there was another charge in Canada could he be brought back again and, is he abusing over there? This is a concern,"he said.

The online website for The Spice Journal says it is based in Halifax, with international offices.

Attempts to speak with MacIntosh have not been successful.

Timeline issues

The abuse allegations first surfaced in 1995 when MacIntosh was working as a consultant in India.

RCMP received complaints from two men who said MacIntosh abused them back in the 1970s when they were boys growing up in Nova Scotia.

MacIntosh wasn't extradited to Canada until 2007 and his first trial didn't begin until 2010.

At the time, MacIntosh was convicted on 13 counts of gross indecency and indecent assault, and sentenced to four years in prison. In a second trial, he was convicted on another four counts and sentenced to another 18 months in jail.

But MacIntosh's lawyers successfully appealed all the convictions, telling the Nova Scotia Court of Appeal that the delays violated his charter rights to be tried within a reasonable time.

MacIntosh's passport was renewed in 1997 and in 2002, despite the fact he faced outstanding charges and a warrant had been issued for his arrest.

Passport Canada said in 2013 that it has revised its policies as a result of the case.The federal review found that "border systems at the time were not adequate for catching this individual."

The report concluded that a number of measures have been implemented to prevent a repeat case.