MONTREAL, QC: The Crown Prosecutor’s office here has decided not to proceed with charges of failing to register as a sex offender against a former Strait area businessman who was convicted of sex crimes involving young boys.
Yesterday at the courthouse in Montreal, Crown Attorney Isabelle Sheppard confirmed her office decided not to pursue criminal charges against Ernest Fenwick MacIntosh. MacIntosh was charged last year with failing to register.
Sheppard explained the crown was convinced that the medical condition of the 76-year-old was such that he could not have been reasonably expected to report to police in the province.
“Before setting the trial date, defence counsel, at a past date, had provided documents to demonstrate that during the period of the infraction, when he was failing to register, that he was in a situation where he was near death, he was in the hospital, in a wheelchair, didn’t have his cell phone,” she noted. “I submitted the documents to the Montreal Police, to our investigator in the matter, and after they verified with the doctor; was he in fact that ill to that extent, and also, was he in a situation where it would’ve been possible to register. And based on what the doctor confirmed, it was in fact the case.”
In October, 2018 MacIntosh headed back to Canada after he was released from a Nepalese prison.
MacIntosh’s release came after serving half of his seven-year sentence stemming from his arrest in 2014 on charges of allegedly luring a 15-year-old boy to his hotel room for sex in exchange for money.
In 2014, MacIntosh was convicted of sexual abuse in Nepal and sentenced in 2015 to seven years in prison.
Prison authorities in Nepal noted MacIntosh’s age and health condition as the reasons for his release and deportation from the country.
Although he was in the final stages of melanoma last year, Sheppard told The Reporter that MacIntosh’s condition has improved and he has registered with the sex offender registry.
“He has since gotten better, and my understanding is I believe since April of this year, things have been going better,” Sheppard confirmed.
Although she is unaware of his current whereabouts, Sheppard explained that MacIntosh was charged in Quebec because that is where he first stayed for an extended period upon arriving in Canada last year. She said he had seven days to register while he was in Quebec, and when he did not, MacIntosh was immediately charged.
A Canadian warrant was first issued for MacIntosh’s arrest in 1996 but he wasn’t extradited from India until 2007 and wasn’t placed before a judge until 2010.
In 2007, MacIntosh was convicted of 17 sex-related charges, involving boys from the Strait area dating back to the 1970s. He was acquitted on all 17 charges by the Nova Scotia Court of Appeal in April 2013 because MacIntosh’s right to be tried within a reasonable time was infringed.