Thursday, May 29, 2014

Bulletin: Gerry Barton: Nova Scotia: Judge denies compensation for 1970 wrongful rape conviction. Finds investigating police officer was not negligent. Points finger at Barton's accuser "(who) lied under oath during a preliminary inquiry" - and "the actual perpetrator of the crime (who) also lied to police and committed perjury." CBC News.

STORY: "Gerry Barton loses bid for wrongful conviction compensation," published by CBC News on May 29, 2014.

SUB-HEADING: "Officer who conducted initial investigation not negligent, judge finds."

SUB-HEADING:  "A Nova Scotia judge has ruled that Gerry Barton, who was wrongfully convicted of rape in 1970, should not be compensated."

GIST: "A former Nova Scotia man wrongfully convicted of rape more than four decades ago has been denied compensation by a Supreme Court of Nova Scotia justice in a ruling released Thursday. Gerry Gaston Barton was 19 years old and living in Digby County, N.S., when a teenage neighbour accused him of raping her and fathering her child. He was convicted in 1970 and sentenced to probation. ........Barton, who now lives in Morinville, Alta., subsequently filed a lawsuit against the Nova Scotia government and the Attorney General of Canada. He alleged negligence and was seeking damages in the range of $500,000 and an apology. But in his ruling, Supreme Court of Nova Scotia Justice James Chipman dismissed claims that the initial investigation conducted by Earl Hamilton, then an RCMP corporal, was negligent. The judge says Barton's accuser lied under oath during a preliminary inquiry and the actual perpetrator of the crime also lied to police and committed perjury. "These are the individuals responsible for Mr. Barton's criminal conviction, not retired inspector Hamilton," Chipman wrote. Chipman ruled against compensating Barton. But the judge says if Barton appeals and wins, then he would be eligible for $75,000 in general damages. It's unclear if Barton will appeal."

The entire story can be found at:


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