MacIntosh guilty of sex abuse

Ernest Fenwick MacIntosh, 67, has been found guilty on 13 counts of charges thatinclude gross indecency and indecent assault in a sex-abuse case involving boys in eastern Nova Scotia in the 1970s.

The long-awaited verdict came down in a Port Hawkesbury, N.S., courtroom Tuesday afternoon in the first of two sex-crime trials for the former Nova Scotia businessman.

Supreme Court Justice SimonMacDonald sent MacIntosh back into custody until his sentencing on Sep. 14, saying it would be "repugnant to let him walk out the door."

Crown prosecutors say they will seek a sexual-offender assessment.

At the Tuesday hearing, the few spectators, including one victim, were quiet as they left. The victim didn't speak to reporters but spoke with Crown prosecutor Diane McGrath.

"Of course, he's very relieved that the whole ordeal is over," McGrath said. "He's just looking forward to moving on with his life and putting this stage behind him."

MacIntosh showed little reaction as the judge presented each verdict. However, his lawyer described him as very disappointed with the result.

Separate trials

Three complainants testified earlier this month that MacIntosh repeatedly fondled and performed oral sex on them when they were between 11 and 13 years of age. The judge rejected the testimony of one of the men.

"Justice MacDonald was quite clear in that he found the complainants to be credible on those counts that he convicted on," McGrath told CBC News. "[He] outwardly rejected Mr. MacIntosh's assertion that there was any consensual relationship between the two individuals where he claimed that that had existed."

During his testimony, MacIntosh admitted performing oral sex on two of the complainants but said they were older than the age of consent at the time and that it was consensual.

He also tried to show evidence that a car involved in the incidents was in his possession at a date later than that testified to by the complainants.

Credibility questioned

The judge did question the credibility of some of the testimony by the accusers.

Defence lawyer Brian Caseysaidthat should have been enough to put all of it in doubt.

"From a defence point of view, when the judge has found that the complainants were not credible in a portion of their evidence, we normally think that the outcome of that should be a complete acquittal," Casey said, "not an acquittal on some counts and conviction on others."

Two separate trials are being held for MacIntosh, because six complainants have been divided into two groups of three.

The first trial heard evidence on 26 counts of sex assault-related charges originally laid againstMacIntosh in connection with the three complainants.

MacIntosh was arrested in April 2007 near New Delhi, India, where he worked as a telecommunications specialist for 13 years. He was extradited to Canada two months later.