Yesterday, Ivan Henry emerged from Mountain Institution into the waiting arms of his family, hours after Mr. Justice Lowry of the Court of Appeal decided that he could be released pending the hearing of his appeal. Mr. Henry was arrested nearly 27 years ago, when his two daughters were nine and six years old, and he had been imprisoned ever since. In January, the Court of Appeal granted him the extraordinary opportunity to appeal his convictions for sexual assault on the merits.

At his original trial before a judge and jury, Mr. Henry defended himself. The Crown tendered no physical evidence to link him to any of the crimes he was accused of. The only evidence was eyewitness identification evidence from the female complainants, after many had participated in viewing a questionable lineup:

Portion of a photo of the lineup, from The Vancouver Sun

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Friday’s decision is due in no small measure to the hard work of Mr. Henry’s legal team, especially David Layton, Marilyn Sandford and law student Tony Paisana. On a personal note, being present for the reunion of Mr. Henry and his family was quite a thrill, and is no small reward for deciding to enter this profession all those years ago…