Dates in MacIntosh trial changed

A Supreme Court judge has allowed a motion by the Crown to vary some of the dates in the sex-crimes trial of former Nova Scotia businessman Ernest Fenwick MacIntosh.

MacIntosh, 67, is facing 10 counts of gross indecency and indecent assault over alleged incidents involving three complainants in the 1970s.

Chief Justice Joseph Kennedy ruled on the application on Thursday and granted the Crown permission to change the dates in which four of the crimes are alleged to have occurred.

Crown prosecutor Diane McGrath made the application on Wednesday. The testimony given by two of the men involved indicated the assaults may have occurred outside the dates listed in the charges.

In making his decision, Kennedy said changing the charges to match the evidence is not a rare occurrence, especially in historical cases where the offences are alleged to have happened many years ago.

Defence lawyer David Bright had argued this case was different because MacIntosh was extradited from India in 2007, and according to extradition law, a Canadian can only be tried on charges for which he was extradited.

Kennedy said the offences have not changed only the dates.

The case has been adjourned until Monday, when the defence is expected to begin presenting its evidence.