STORY: "Gerald Barton, wrongly convicted of rape, appeals for compensation," by reporter Blair Rhodes, pubished by CBC News on January 28, 2015.
SUB-HEADING: "Barton is trying to win compensation in the Nova Scotia Court of Appeal;"
SUB-HEADING: "Barton and his lawyers argue he suffered loss and
humiliation from the stigma of his conviction — a conviction, they say,
was largely due to an incompetent police investigation."
GIST: "Nova Scotia's highest court has reserved its
decision in the
case of a 64-year-old Digby man who is seeking compensation from the
RCMP because he was wrongfully convicted of statutory rape 45 years ago.
Four years ago, the Nova Scotia Court of Appeal ruled that Gerald
Barton was a victim of a miscarriage of justice. For most of his adult
life, Barton carried the label of rapist,
accused of forcing himself on his young neighbour and fathering a child
with her back in 1969. But Barton didn't do it. The girl and her family
lied to get Barton convicted. The lies were
to cover up a dark family secret — that the girl and her younger sister
were actually abused by their older brother. It wasn't until an RCMP
officer started looking into the case again
in 2008 that the lies were uncovered, and DNA testing revealed the truth
of who had fathered the woman's child. It was, in fact, her brother.
Barton and his lawyers argued he suffered loss and humiliation from
the stigma of his conviction — a conviction, they say, was largely due
to an incompetent police investigation. Last year, Barton made these same arguments to a justice of the Supreme Court of Nova Scotia,
and lost. This appearance at the Court of Appeal is a bid to get the
Supreme Court decision overturned. ........(Dale) Dunlop (Barton's lawyer)
said he was "naive" to
assume that once Barton's case was declared a miscarriage of justice,
the province would begin negotiations. He said it appears Barton was
made a scapegoat. "When you read behind the scenes, back in 1969, incest
was a very bad
and rare occurrence. It was an embarrassment to this community.
Somebody had to take the fall for it and I think it was Gerry Barton,"
Dunlop said."
The entire story can be found at: