MacIntosh abuse trial stalled over disputed dates - Action News
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Nova Scotia

MacIntosh abuse trial stalled over disputed dates

The Ernest Fenwick MacIntosh trial was adjourned for the day following a surprise motion by the Crown.
Ernest Fenwick MacIntosh was extradited to Canada from India in 2007. ((CBC))
The Ernest Fenwick MacIntosh sex-crimes trialwasadjourned for the day Wednesdayfollowing a surprise motion by the Crown.

It wants to make changes to four of the charges, but the defence is fighting it.

MacIntosh, 67, is charged with gross indecency and indecent assault over alleged incidents involving boys in the 1970s.

The defence was supposed to begin its case Wednesday at Nova Scotia Supreme Court in Port Hawkesbury. Instead the Crown reopened its case,and asked to change the dates in the charges laid in connection with four of the alleged assaults. The testimony given by the two men involved indicates the assaults might have happened outside the dates listed in the charges.

The defence is arguing that because MacIntosh was extradited from Indiaon those specific charges the Extradition Act says he cannot be tried on any other charges.

Crown prosecutor Diane McGrath disagrees.

"It's the same offence," she said outside of court. "There is no difference here. We're not looking to change the offence, we're not looking to change the nature of the offence."

The names of the complainants are banned from publication. But one man, whose chances of seeing MacIntosh convicted on one of his charges may be greatly reduced if the dates can't be changed, made an emphatic appeal after court adjourned.

"You need to come forward," he said. "Anybody out there that's been molested by MacIntosh, come forward. That's all I want you to do."

Chief Justice Joseph Kennedy said he will rule on thechanged datesThursday.