VANCOUVER — The wrongful conviction of a British Columbia man
who spent nearly three decades behind bars hinged on a flawed police
investigation and Crown prosecutors who were willing to go to extremes
to prove they'd found their man, a court has heard. Ivan Henry's
lawyer John Laxton was in B.C. Supreme Court on Monday to argue that his
client deserves compensation after he was mistakenly convicted in 1983
of 10 counts of sexual assault and spent 27 years in prison. "The
consequences to Mr. Henry and his family have been devastating and the
honour and integrity of the judicial system have been seriously
harmed,'' Laxton told the court. "His release from custody did not release him from the demons that haunted him while in custody.''........ The
B.C. Court of Appeal quashed Henry's convictions in 2010 following more
than 40 applications for relief filed by Henry and his daughters. Reading
a piece of correspondence between two Crown lawyers from 1982, Laxton
said one of the prosecutors wrote that "the accused is so obvious,''
before insisting that if "one girl'' could successfully identify Henry
they would be able to link the remaining cases together against him. Laxton
also presented in court sections of a handwritten letter from one of
the complainants sent to the private address of a police officer
involved in the investigation, revealing what he described as an
inappropriate relationship. "I didn't want to let you down. I
didn't want to disappoint you,'' read Laxton, describing the comments as
reasons offered by the woman for identifying Henry as her attacker. "You
have a very special place in my heart and I think of you often,''
Laxton read to the court. "Take care of those blue eyes.'' The
positive identification came from a photo of a police lineup that showed
Henry being held in a chokehold by officers, which Laxton described as
"seriously flawed and unfair.'' "This is the bedrock point of the failed police investigation,'' he said. Additional
information that wasn't disclosed to defence included sperm found on
several of the complainants, which Laxton said had a blood type that
failed to match his client's. "That evidence would have exonerated
Henry,'' said Laxton. "(Henry was) deprived of the ability to prove
scientifically he was not guilty.'' Henry's wrongful-conviction
lawsuit names the federal government, the province, the City of
Vancouver and the Vancouver Police Department.
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