A B.C. man who was wrongfully convicted of sexually assaulting eight Vancouver women and jailed for 27 years has filed a lawsuit in B.C. Supreme Court seeking unspecified damages.
Ivan Henry, who had maintained his innocence since being arrested in 1982 but was only acquitted last year, is suing the City of Vancouver, the provincial and federal governments and three members of the Vancouver police department.
He claims he was subjected to “high-handed, outrageous, reckless” conduct by police.
“Their conduct was tortious, offends the moral standards of the community and warrants the condemnation of this court,” the lawsuit said.
Henry is seeking damages for loss of liberty, reputation and privacy while in prison, along with pain and suffering, emotional and psychological harm and humiliation and disgrace.
He also claims he incurred “special damage expenses” associated with psychological treatment, and is seeking other damages for loss of usual, everyday experiences, past income and loss of opportunity to earn income.
He has also asked for an in-trust reward for his daughters, who were young when he was wrongfully jailed, to compensate them for the expenses they have incurred.
“As a result of his wrongful conviction and incarceration they were effectively deprived of a father and the benefits of a father’s love, guidance and affected,” the lawsuit said.
Henry was convicted in 1983 of three counts of rape, two counts of attempted rape and five of indecent assault involving eight women between 1980 and 1982, and was designated a dangerous offender.
He was convicted solely on identification by the victims. But the appeal court found the identification was weak and the trial judge erred by instructing the jurors that they could infer consciousness of guilt from Henry’s resistance to being put in a lineup conducted by police on May 12, 1982.
The lawsuit alleges the VPD members were negligent in the investigation. Henry’s applications to reopen his case had asked officials to compare forensic evidence from the crime scene to his own blood type, but this wasn’t done. Physical evidence from the crime scene, which might have provided DNA to help exonerate him, was not kept by police or the Crown.
No statements of defence have yet been filed.
Henry’s lawyer, Cameron Ward, declined to comment.
- Canadian man dies during Texas Ironman event. His widow wants answers as to why
- On the ‘frontline’: Toronto-area residents hiring security firms to fight auto theft
- Honda’s $15B Ontario EV plant marks ‘historic day,’ Trudeau says
- Canadians more likely to eat food past best-before date. What are the risks?
Comments