यौनदुराचारका अन्तराष्ट्रिय अपराधी कुख्यात मेक्नटोस थुनामा

Posted: January 17, 2015 in By Deepak Kharel, Security
Tags: ,

hi-ns-fenwick-macintosh

DEEPAK KHAREL (दीपक खरेल)
KATHMANDU : जिल्ला अदालत ललितपुरले बाल यौन दुराचारको आरोपमा एकजना कुख्यात बिदेशी नागरिकलाई पूर्पक्षका लागि थुनामा राख्न आदेश दिएको छ । अदालतले यौनदुराचारको आरोपमा विभिन्न देशमा सजाय पाएका र फरार रहेका एकजना क्यानेडियन नागरिकलाई थुनामा राख्न आदेश दिएको हो ।
क्यानेडीयन सेनाका पूर्व इन्जिनियर तथा ब्यापारी अर्नेष्ट फेनविक मेक्नटोसलाई एकजना नेपाली बालकसँग यौनदुराचार गरेको आरोपमा प्रहरीले अदालतमा पेश गरेको हो । ललितपुर प्रहरीका डिएसपी पवन गिरीले मेक्नटोस उनकै देश क्यानडा, अष्टेलिया र भारतमा समेत यौनदुराचारको आरोपी रहेको बताए । डिएसपी गिरीका अनुसार ललितपुरमा रहेको क्याफे ब्राजिल गेष्ट हाउसमा बस्दै आएका मेक्नटोसले मंसिर २७ गते सेन्ट जेवियर्स सामाजिक सेवा केन्द्र जावलाखेलमा बस्ने अछामका बालकलाई ललाईफकाई अप्राकृतिक मैथुन गरेका थिए ।
ललितपुर प्रहरीले उजुरी प्राप्त हुनासाथ मेक्नटोसलाई पक्राउ गरि घटनाको अनुसन्धान पछि पुस ४ गते अदालतमा मुद्दा बुझाएको हो । मेक्नटोस ७१ बर्षका भए । सन १९७० को दशक देखि नै यौनदछुराचारका लागि क्यानडा प्रहरीको खोजीमा रहेका अर्बपति उनको पासपोर्ट न बिए ४५३२४९ रहेको छ । साउनमा भारतबाट विमानस्थल हुदै नेपाल प्रवेश गरेका मेक्नटोस त्यसयता मच्छिन्द्र मार्ग स्थित क्याफें ब्राजिल एण्ड गेष्ट हाउसको कोठामा बस्दै आएका थिए ।मेक्नटोस अन्तराष्ट्रिय अनलाईन पत्रिका स्पाइस जर्नलका निर्देशक समेत हुन ।

रोयल क्यानेडियन मोन्टेड पुलिसको अनुसन्धान प्रतिवेदन :

fenwick-macintosh

The RCMP has drawn from its operational files and consultation with investigators to provide this timeline and submission at the request of the Department of Justice, Nova Scotia. In short, between 1995 and 2001, the RCMP investigated Ernest Fenwick MacINTOSH for various alleged sexual assaults. Nine individuals came forward to RCMP or were identified as a result of the RCMP investigation into alleged sexual assaults. Victims alleged the historical sexual assaults occurred in the 1970’s when MacINTOSH was a business owner in the Strait area of Nova Scotia.

MacINTOSH had left the country prior to any complaint being made. A warrant was issued for the accused. The RCMP had no information to believe he intended to return to Canada from India. As a result of the investigation into allegations of sexual assault, the RCMP laid a total of 43 Criminal Code charges against Ernest Fenwick MacINTOSH. Although convicted on 17 of these charges at trial, these convictions were later quashed by the Supreme Court of Canada. Further proceedings against MacINTOSH were stayed on the basis of a violation of his right to trial within a reasonable time as guaranteed by Section 11(b) of the Canadian Charter of Rights and Freedoms.

The investigation was inclusive of multiple jurisdictions, police agencies, and other federal government departments with this being the first time the Government of Canada sought the extradition of an individual from India.

The following sequence of events outlines the investigational steps taken by the RCMP.

1995:

On January 4th, 1995, the first identified victim, DRS came forward to the RCMP in British Columbia alleging sexual assault by Ernest Fenwick MacINTOSH. In his statement, he identifies a second victim (named below).

The investigation is forwarded by the RCMP in British Columbia to the RCMP in Port Hawkesbury. An investigative file is opened in Nova Scotia on January 31st, 1995.
On February 8th, 1995, the second victim, JAH provides a statement to the RCMP in Port Hawkesbury.

Upon receipt of the complaint by RCMP in 1995, it was learned that MacINTOSH was living in India. From 1995 to 1999, the RCMP investigation involved two known victims.
RCMP laid charges against MacINTOSH in relation to both victims on December 4th, 1995 with a court date for January 29th, 1996. A warrant was sought by Nova Scotia Public Prosecution Service (PPS) as the accused continued to reside in India.

1996:

On February 21st, 1996, a warrant for the arrest of MacINTOSH was issued by the court.
Ongoing attempts by the lead investigator to locate and contact MacINTOSH, eight attempts documented in total.

On August 25th, 1996 the lead investigator speaks to MacINTOSH in India via telephone who indicates he has no intention of returning to Canada.
In November, the RCMP and the Nova Scotia Public Prosecution Service begin extradition discussions.

1997/1998:

Through 1997, further discussions are held with Nova Scotia Public Prosecution Service in relation to various options to return MacINTOSH to Canada without a formal extradition process. A number of investigational avenues were explored but it was determined by the RCMP and the Crown that they were unrealistic to pursue.

On August 22nd, 1997, Nova Scotia Public Prosecution Service advises the RCMP that the decision has been made to commence the extradition process.

On October 17th, 1997, the RCMP Immigration and Passport Section (I&P) open a related file 1997-2789. Special Prosecutions makes a request to the RCMP Immigration & Passport section to have MacINTOSH’s passport red-flagged. The process of having the passport flagged would have alerted Canada Customs officials if MacINTOSH attempted to re-enter Canada.

**Red-flag and red-circular are two different terms. The terminology of “red-flag” causes issues for various government departments and in media reports, as it is not the same process of having a “red-circular” issued by Interpol.

On the same date Passport Canada advised the RCMP Immigration and Passport Section that MacINTOSH’s passport, which was supposed to expire in mid -1997, was instead extended to December 1997.

On October 20th, 1997, the RCMP I&P Section faxed information to Canada Customs requesting to have MacINTOSH’s passport red-flagged upon any entry into Canada. RCMP received confirmation from Canada Customs that they received the RCMP’s request.

It should be noted that the the International Assistance Group (IAG) acts on behalf of the Federal Minister of Justice in seeking the extradition of individuals from foreign states. At the request of the prosecution or correctional authorities in Canada, the IAG will seek the provisional arrest and the extradition of an individual wanted for prosecution, imposition of sentence or enforcement of sentence found outside of Canada
Interpol may issue “red-circulars” to be disseminated to states which are members of Interpol. These circulars name individuals to be arrested for the purpose of extradition. The competent Canadian authority (i.e., the prosecution or correctional service) authorizes the issuing of the red circulars, which are then approved by the IAG.

On December 17th, 1997, the Deputy Director of Nova Scotia Public Prosecution Service makes a recommendation to the Director of the Nova Scotia Public Prosecution Service that an official request should be made to the International Assistance Group to proceed with the extradition of Ernest Fenwick MacINTOSH.

Consultation between Nova Scotia Public Prosecution Service and the IAG resulted in direction to the RCMP investigator that the supporting affidavit for extradition required photo identification and line-ups to be undertaken by the RCMP for all victims.

To conduct photo identification and line-ups with all victims, the RCMP required current photos of MacINTOSH. The RCMP made two separate requests during the course of the investigation to Access to Information to obtain current passport photos of MacINTOSH.

Why did the RCMP go through Access to Information?

Passport Canada is bound by the Privacy Act and as such shall not disclose personal information without the consent of the individual to whom it relates, except in accordance with Section 8(2)(e) of the Privacy Act which specifies:
“to an investigative body specified in the regulations, on the written request of the body, for the purpose of enforcing any law of Canada or a province or carrying out a lawful investigation, if the request specifies the purpose and describes the information to be disclosed.”

Synopsis of Notes from the Investigational file:

October 29th, 1998: request from Port Hawkesbury RCMP to Passport Canada for Passport photo of MacINTOSH. Request made on behalf of “International Prosecutor”.
November 10th, 1998: NHQ were contacted by Passport Canada. Port Hawkesbury RCMP was then contacted by RCMP National Headquarters (NHQ) on “why” the RCMP needs the photo. Special Prosecutions (NS Public Prosecutions) called Passport Canada directly.

November 12th, 1998: NHQ on behalf of Port Hawkesbury RCMP make formal request via TBS 360-56 Request for Disclosure to Federal Investigative Bodies along with cover memo to ATIP for Foreign Affairs seeking photo of MacINTOSH.

December 23rd, 1998: Foreign Affairs releases Photo (actually his passport application that included photo) to RCMP NHQ.

January 13th, 1999: The previous package is received and forwarded to Prosecutor, who sent it forward to British Columbia to a prosecutor for the purposes of a photo lineup with the victim DRS. The victim could not make a positive identification.

January 27th, 2000: Another request emanates from the local Crown (Nova Scotia Public Prosecution Service) to the RCMP lead investigator. While an identical request, this was to afford the most current photo identification of MacINTOSH for investigative purposes.

February 2nd, 2000: A request is advanced by the lead investigator through Nova Scotia RCMP HQ to ATIP and Foreign Affairs for passport photo information. This information was provided on March 10th, 2000.

January 7th, 2003: A request is advanced by the lead investigator through Nova Scotia RCMP HQ to ATIP and Foreign Affairs for passport photo information, as it relates to the birth certificate information, at the request of the Nova Scotia Public Prosecution Service. This information was provided on January 14th, 2004 from Foreign Affairs.

1999:

The Extradition Act had a significant bearing on the MacINTOSH investigative files. In late 1999, discussion between the RCMP and PPS NS took place in relation to this issue. PPS advised the RCMP that before starting the extradition process, the RCMP should conduct a thorough search for victims. The Extradition Act outlines that once the extradition process began, if the police investigation identified additional victims alleging sexual assault, an accused could not be charged with those offences. The Extradition Act precludes additional charges once it has been initiated, therefore, the RCMP would be unable to lay charges against MacINTOSH in relation to any additional allegations of sexual assault.

Section 80 of the Extradition Act reads:

Subject to a relevant extradition agreement, a person who has been extradited to Canada by a requested State or entity shall not, unless the person has voluntarily left Canada after surrender or has had a reasonable opportunity of leaving Canada,

be detained or prosecuted, or have a sentence imposed or executed, or a disposition made or executed under the Young Offenders Act, in Canada in respect of an offence that is alleged to have been committed, or was committed, before surrender other than
the offence in respect of which the person was surrendered or an included offence,
another offence in respect of which the requested State or entity consents to the person being detained or prosecuted, or
another offence in respect of which the person consents to being detained or prosecuted; or
be detained in Canada for the purpose of being surrendered to another State or entity for prosecution or for imposition or execution of a sentence in respect of an offence that is alleged to have been committed, or was committed, before surrender to Canada, unless the requested State or entity consents.

This provision codifies the legal principle known as “specialty”. In essence, that subject to the relevant extradition agreement: a person extradited to Canada shall not be detained or prosecuted in respect of offences (1) alleged to have been committed before their surrender to Canada and (2) for which they were not extradited to Canada, without that person having first had the opportunity to voluntarily leave/return to Canada. To re-iterate, the impact of the Extradition Act directs should the RCMP identify additional victims after the extradition, MacINTOSH could not be charged with those associated offences.

On January 28th, 1999, a victim RMM is identified as a result of the RCMP investigation. A statement is obtained by the RCMP on January 29th, 1999.

2000:

On March 9th, 2000, a victim WJMR comes forward in Edmonton Alberta alleging he was sexually assaulted by Ernest Fenwick MacINTOSH. This complaint was forwarded to the RCMP in Nova Scotia as the offences took place in this province.

On March 27th, 2000, a victim CM comes forward and provides a statement to the RCMP in Nova Scotia alleging he was sexually assaulted by Ernest Fenwick MacINTOSH.

On April 12th, 2000, a victim AHM is identified through the RCMP investigation and provides a statement to the RCMP in September, 2000 alleging he was sexually assaulted by Ernest Fenwick MacINTOSH.

In August 2000, Nova Scotia Public Prosecution Service requests that the RCMP prepare all charges and lay informations before they can proceed with extradition of Ernest Fenwick MacINTOSH.

On August 9th, 2000, RCMP, in consultation with Nova Scotia Public Prosecution Service, assigns two investigators from the Major Crimes Unit in addition to the lead investigator.
On October 17th, 2000 a victim GFB came forward and provided a statement to the RCMP on the following day.

On December 21st, 2000, a victim DLB is identified through investigative means and a statement was provided through the RCMP Winnipeg Major Crimes Unit on March 14th, 2001.

2001:

On August 1st, 2001, a victim BAS provides a statement to police in Clearwater Florida.
On December 10th, 2001, RCMP laid 37 Criminal Code charges. These charges resulted from the post 2000 follow- up investigation. These were in addition to charges which were laid on December 4th, 1995.

2002:

In April, 2002, Nova Scotia Public Prosecution Service confirmed to International Assistance Group their request to pursue extradition based on 43 Criminal Code charges.
On August 23rd, 2002, full disclosure of the investigational file as it existed at that time was provided by the RCMP to the Nova Scotia Public Prosecution Service.
सन २०१३ मा क्यानडामा मेक्नटोस बिरुद्ध अदालतमा भएको सुनवाईमा सरकारी वकिलले प्रस्तुत गरेको आरोपपत्र समेत यहाँ राखेका छौ ।
हेर्न क्लिक गर्नुहोस :

publications_Report-to-Attorney-General-re-Ernest-Fenwick-MacIntosh-Prosecution

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