HALIFAX — Nova Scotia's chief justice has ordered an investigation into complaints against a provincial court judge who presided over a high-profile case involving a taxi driver accused of sexually assaulting an intoxicated female passenger who was found unconscious in his cab.
Justice Michael MacDonald issued a statement Thursday saying a three-member review committee will look into allegations of misconduct against Judge Gregory Lenehan.
Lenehan faced intense public scrutiny in March when he issued an oral decision that concluded the Crown had failed to prove the woman's lack of consent.
He followed up by saying, "Clearly, a drunk can consent," then acquitted 40-year-old Bassam Al-Rawi.
Lenehan's choice of words set off a storm of social media criticism, a letter-writing campaign calling for a judicial council to investigate, and two public protests.
The Crown is seeking an appeal of Lenehan's decision. A hearing is scheduled before the Nova Scotia Court of Appeal for Nov. 22.
The complaints were initially reviewed by Alan Tufts, associate chief judge of the provincial court. He referred the matter to the chief justice in his role as chairman of the province's Judicial Council.
The review committee will include a judge from the provincial or family court, a lawyer appointed by the Nova Scotia Barristers' Society, and a public representative appointed by provincial Justice Minister Mark Furey.
The committee will investigate each complaint and decide whether to dismiss it, resolve it with Lenehan's agreement, or refer the complaint to a hearing of the entire Judicial Council.
