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Ivan Henry was arrested on July 29, 1982 and charged with a series of sexual assaults. He has been in jail ever since. Tomorrow he will learn whether he will have an opportunity that has eluded him for over a quarter century; the opportunity to appeal his conviction on the merits.
Mr. Henry defended himself at his trial before a judge and jury. No physical evidence (fingerprints, footprints, hair, bodily fluid, etc.) was tendered at trial to link him to any of the crimes, although police investigators had obtained some. He was convicted on the testimony of the complainants, several of whom were shown a lineup in which Mr. Henry was the only man being forcibly restrained by three uniformed police officers. He was convicted of ten counts involving eight women and, on November 23, 1983, declared a dangerous offender and sentenced to an indefinite term of imprisonment. He filed an appeal immediately, but it was dismissed for want of prosecution on February 24, 1984.
Still representing himself, Mr. Henry filed more than 50 unsuccessful applications in an attempt to overturn his convictions. His attempts to obtain legal aid funding were rebuffed.
In December, 2006 the Criminal Justice Branch of the Ministry of Attorney General announced that senior lawyer Leonard Doust, Q.C. was appointed "to determine whether there has been a potential miscarriage of justice" in the case. We were retained to represent Mr. Henry's interests and, following the delivery of Mr. Doust's report in 2008, legal aid funding was made available.
Ivan Henry, now 62, depicted in a recent photo
