VANCOUVER — A lawyer for the British Columbia government says the case of a man who was wrongfully imprisoned for nearly 30 years may have ended differently had the accused not represented himself in court.
John Hunter says that Ivan Henry's decision to refuse legal counsel when he was on trial for 10 charges of sexual assault was "fateful" and "unwise," and should be a cautionary tale for those accused of crimes.
Henry spent 27 years behind bars before he was acquitted in 2010, and is now seeking damages for malicious prosecution and abuse of process over allegations that Crown lawyers didn't disclose all the evidence in his case.
Hunter told the B.C. Supreme Court in his opening statement that Henry's lawyers must prove that having the undisclosed evidence would have made a difference between being convicted or acquitted.
Hunter argues that having the documents may not have helped Henry because he did not understand the court process or how to use the information to bolster his case.
While the provincial and federal governments continue to dispute the compensation claim, the City of Vancouver settled with Henry last week for an undisclosed amount and withdrew allegations that the man was guilty despite the acquittal.
