Ivan Henry: Canada; Freed after 27 years of wrongful imprisonment for serial sex crimes, the City of Vancouver, backed by the provincial government is maintaining in a civil case that Henry is really guilty. Reporter Ian Mulgrew notes that, "he faces a lengthy trial more than a year from now to win compensation for the police, prosecutorial and governmental mistakes that led to his conviction and incarceration for crimes now attributed to another man."

STORY: "City of Vancouver says wrongfully convicted Ivan Henry not innocent," by reporter Ian Mulgrew, published by the Vancouver Sun on June 13 2014.

SUB-HEADING: "Civil trial for damages related to 27-year imprisonent delayed until August. 2015.

PHOTO  CAPTION: "Ivan Henry, wrongfully imprisoned after spending 27 years in jail for sex crimes, is facing legal hurdles in his bid for damages. A civil trial is set for August, 2015.

GIST: "A man freed after 27 years of wrongful imprisonment for serial sex crimes is facing claims by the City of Vancouver backed by the provincial government that he is really guilty. In an astounding defence against civil damages, a city lawyer told B.C. Supreme Court Chief Justice Christopher Hinkson that a lengthy six-month trial was necessary to establish Ivan Henry’s right to compensation for his quarter-century ordeal. “My clients don’t accept the assertion he is innocent,” said Bruce Quayle of the city’s legal department. “The (B.C.) Court of Appeal didn’t say that.”  In its defence filed with the court, the city says Henry “committed one or more of the sexual assaults for which he was convicted … and, as a result, is not entitled to an award of damages” for wrongful conviction.........After an investigation into exculpatory material discovered during the investigation of Robert Pickton’s serial killings, Henry was released in 2009. The B.C. Court of Appeal acquitted him in October 2010 after the Crown conceded evidence wasn’t disclosed to the defence and other mistakes had been made in the prosecution and by the judge during the trial. The appellate bench said no reasonable jury would have convicted Henry. Four years later, he faces a lengthy trial more than a year from now to win compensation for the police, prosecutorial and governmental mistakes that led to his conviction and incarceration for crimes now attributed to another man."

The entire story can be found at:

http://www.vancouversun.com/news/Mulgrew+City+Vancouver+says+wrongfully+convicted+Ivan+Henry+innocent/9937438/story.html

See earlier post of this blog: "His appeal was based on a number of grounds including what was referred to in court as “consciousness of guilt.” After Henry’s arrest in 1982, he refused to participate in a physical line-up. Police officers forced him into the line-up and one officer held him in a headlock as seen in a photograph that was entered as evidence in his appeal. While in a headlock, Henry struggled and shouted and was restrained. One uniformed constable put his arm around Henry’s neck and forced his head up. His photograph was used in a photographic line-up and seen by some of the witnesses. Another police investigation reopened doubts about Henry’s guilt following a 2002 operation called “Project Smallman.” Vancouver police re-investigated 25 unsolved sexual assaults committed from April 1983 to July 1988, a period when Henry was already in prison. DNA evidence obtained during “Project Smallman” led to the arrest and conviction of another man identified only as DM because his identity is protected under a publication ban. Crown prosecutors noted similarities between the Henry case and the “Project Smallman” findings and brought those similarities to the attention of B.C.’s criminal justice branch which appointed an independent lawyer to reinvestigate a potential miscarriage of justice in Henry’s conviction. The courts ordered that an appeal be re-opened and a 12-day trial was held last June. In ordering Henry’s conviction quashed, the B.C. Court of Appeal Wednesday found that the trial judge had made several errors including the judge’s instruction that Henry’s photo resisting participation in the police line-up could be used as evidence of “consciousness of guilt.” While the court of appeal judges said the evidence from Project Small does not “exonerate” Henry, it is evidence capable of raising reasonable doubt that should have been enough to lead to his acquittal at the initial trial.""

http://smithforensic.blogspot.ca/2010/10/ivan-henry-dna-evidence-helps-acquit-bc.html

PUBLISHER'S NOTE: 

Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
 
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located  near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.

The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:

http://www.thestar.com/topic/charlessmith

Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
 
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
 
I look forward to hearing from readers at:

hlevy15@gmail.com.

Harold Levy: Publisher; The Charles Smith Blog;