"He was convicted solely on identification by the victims. But the appeal court found the identification was weak and the trial judge erred by instructing the jurors that they could infer consciousness of guilt from Henry's resistance to being put in a police lineup on May 12, 1982.
The lawsuit alleges the VPD members were negligent in the investigation. Henry's applications to reopen his case had asked officials to compare forensic evidence from the crime scene to his own blood type, but this wasn't done. Physical evidence from the crime scene, which might have provided DNA to help exonerate him, was not kept by police or the Crown."
REPORTER KELLY SINOSKI; THE VANCOUVER SUN;
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"A B.C. man who was wrongfully convicted of sexually assaulting eight Vancouver women and jailed for 27 years has filed a lawsuit in B.C. Supreme Court seeking unspecified damages," the Vancouver Sun story by reporter Kelly Sinoski published in the Vancouver Sun on June 29, 2011 under the heading, "B.C. man wrongfully convicted in rape cases seeks damages in suit: Ivan Henry also wants compensation for daughters," begins.
"Ivan Henry, who had maintained his innocence since being arrested in 1982 but was only acquitted last year, is suing the City of Vancouver, the provincial and federal governments and three members of the Vancouver police department," the story continues.
"Henry is seeking damages for loss of liberty, reputation and privacy while in prison, along with pain and suffering, emotional and psychological harm, and humiliation and disgrace.
He claims he was subjected to "high-handed, outrageous, reckless" conduct by police.
"Their conduct was tortious, offends the moral standards of the community and warrants the condemnation of this court," the lawsuit said.
Henry also claims he incurred "special damage expenses" associated with psychological treatment, and is seeking other damages for loss of usual, everyday experiences, past income and loss of opportunity to earn income.
He has asked for an in-trust reward for his daughters, who were young when he was wrongfully jailed, to compensate them for the expenses they have incurred.
"As a result of his wrongful conviction and incarceration they were effectively deprived of a father and the benefits of a father's love, guidance and affection," the lawsuit said.
Henry was convicted in 1983 of three counts of rape, two counts of attempted rape and five of indecent assault involving eight women between 1980 and 1982, and was designated a dangerous offender.
He was convicted solely on identification by the victims. But the appeal court found the identification was weak and the trial judge erred by instructing the jurors that they could infer consciousness of guilt from Henry's resistance to being put in a police lineup on May 12, 1982.
The lawsuit alleges the VPD members were negligent in the investigation. Henry's applications to reopen his case had asked officials to compare forensic evidence from the crime scene to his own blood type, but this wasn't done. Physical evidence from the crime scene, which might have provided DNA to help exonerate him, was not kept by police or the Crown.
No statements of defence have yet been filed.
Henry's lawyer, Cameron Ward, declined to comment."
The story can be found at:
http://www.vancouversun.com/news/wrongfully+convicted+rape+cases+seeks+damages+suit/5022055/story.html
PUBLISHER'S NOTE: 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.com/2011/05/charles-smith-blog-award-nominations.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
