It was unwelcomed news that a man who many people believe evaded justice for so many years, seems to be willing to use the system one more time to strike out at his accusers.
In papers filed with the Nova Scotia Supreme Court on Dec. 23, 2021, Ernest Fenwick MacIntosh amended his notice of defence and served notice that he intends to take legal action against the men who filed a lawsuit against him in 2019.
Lawyers for the six men, Jonathan M. Rosenthal and Daniel Z. Naymark, called it a “blatantly frivolous claim,” noting that it is now “far too late to sue for statements” made to detectives more than 15 years ago. They also note that MacIntosh cannot claim defamation for allegations from a statement of claim, which are considered “absolute privilege” and immune from such lawsuits. The lawyers called the filing “a tactic” to put pressure on the men.
Robert Michael Martin, Dale Robert Sutherland, Weldon MacIntosh-Reynolds, Alvin MacInnis, Barry Alexander Sutherland, and Jeffery Allan Hadley said they endured a lifetime of emotional trauma from alleged sexual abuse committed by MacIntosh.
The six complainants said MacIntosh repeatedly sexually abused them in the early 1970s when they were children living in the region.
In documents filed with the Nova Scotia Supreme Court in Port Hawkesbury on Dec. 23, 2019 MacIntosh is described as a “prominent businessman and community leader who abused his position of trust, social status, and wealth to prey on and sexually abuse vulnerable young boys.”
The complainant’s statement of claim indicates MacIntosh is liable for sexual battery, intentional infliction on sexual integrity and mental injury, along with false imprisonment.
The statement asserted that the nature of these relationships “created an imbalance of power and exploitation that removed the possibility of consent,” since the plaintiffs were “young boys who feared for their safety while being trapped in the confined locations in which the abuse occurred, such as MacIntosh’s room, a boat, hotel rooms, cars, and houses.”
The complainants were each seeking general and aggravated damages in the amount of $300,000, punitive and exemplary damages in the amount of $50,000, and special damages in an amount to be determined prior to trial.
In his original statement of defence, MacIntosh denied any sexual abuse or assault took place. He said any sexual interactions that took place were consensual and happened when his accusers were of age.
In MacIntosh’s Statement of Defence, originally filed on March 4, 2020, he denied all allegations, pointing to his conviction of sexual assault which was overturned by the Supreme Court of Canada.
In the defence statement, MacIntosh denies any sexual interactions, sexual touching or sexual contact with any of the six men during those periods he was alleged to have committed the offences.
MacIntosh also said in his Statement of Defence that the plaintiffs were of the age of majority at the time of any sexual contact and they were able to, and did, give consent.
In this statement, MacIntosh denies all claims of sexual assault, sexual battery, false imprisonment, and intentional infliction of mental injury.
Not only does MacIntosh deny that the plaintiffs sustained injuries or damages, his statement claims that any injuries, loss and damages are due to traumatic events in their life which have nothing to do with him, and therefore, he is not responsible.
In his counterclaim filed late last year, MacIntosh says the plaintiffs made several false allegations about him which were made for the sole purpose of causing harm him and his reputation.
As a consequence of these false and defamatory statements, MacIntosh contends that he has suffered significant and ongoing harm, including to his reputation, health and wellbeing.
MacIntosh is seeking damages for defamation, including general damages, special damages, and pre-judgement interest.
MacIntosh returned to Canada in October, 2018 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 luring a 15-year-old boy to his hotel room for sex in exchange for money.
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 because MacIntosh’s right to be tried within a reasonable time was infringed.
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 2019, the Crown Prosecutor’s office in Montreal decided not to proceed with charges against MacIntosh of failing to register as a sex offender. On Sept. 18, 2019 at the courthouse in Montreal, Crown Attorney Isabelle Sheppard said the crown was convinced that MacIntosh’ medical condition was such that he could not have been reasonably expected to report to police in the province.
MacIntosh’s motion was scheduled to be heard by a judge on March 4 at the Port Hawkesbury Justice Centre, but that has now been rescheduled to May 25.
While it is MacIntosh’s legal right to sue, the fact he is claiming the men are only trying to cause him harm is questionable.
Even in his counterclaim, MacIntosh admits that the men have been damaged, but he submits that was caused by traumatic events in their lives.
MacIntosh’s defence motion from two years is also contradictory. On one hand, he denied any sexual interactions, sexual touching or sexual contact with any of the six men during those periods he was alleged to have committed the offences, but then maintained that the plaintiffs were of the age of majority at the time of any sexual contact, and therefore his alleged victims consented.
Based on the decades of court cases and decisions, it appears that MacIntosh is someone who has effectively played the justice system for so long, that he believes he can now use it, not to protect what is left of his reputation, but to get back at his accusers.