Canada: Possible wrongful conviction in 15-year-old sexual assault case; Ontario Court of Appeal orders new trial

The Ontario Court of Appeal has ordered a new trial for a 65-year-old man who may have been wrongfully convicted of sexually assaulting a mentally disabled woman more than 20 years ago.

“I am back to square one as an innocent man. I like my chances. I still have faith in the justice system,” said Jack White, after Justice Marc Rosenberg stated that fresh evidence suggested a “miscarriage of justice” in the case.

Mr. White was convicted by a jury in Barrie in 1995 of sexually assaulting a resident six years earlier at the Huronia Regional Centre for mentally disabled adults and children, where he was a counselor.

He was accused of fondling the woman’s breasts and making inappropriate comments.

The key Crown witness was a co-worker who did not come forward to speak to the authorities until four years after the alleged incident. The jury never heard that the co-worker had a grudge against Mr. White, because of a report he helped write that was critical of the conduct of some the employees at the facility.

Mr. White received a suspended sentence and has since obtained a pardon. But he lost the job he worked at for more two decades and has fought for 15 years to clear his name.

The Supreme Court of Canada ruled last fall that the Court of Appeal should take another look at the case. The Crown conceded on Wednesday that the conviction should be overturned and Mr. White deserved a new trial. One of the grounds of appeal was the incompetence of his lawyer at trial (who has since passed away).

“There was no sexual assault. I did my job professionally. The jury did not hear the whole case,” said Mr. White outside court.

The Orillia resident works as a janitor at a local mall and is a coach for a midget-aged boys baseball team, at the request of parents of the players. Even though is retired from his former profession, he wants to be re-instated to be permitted to work with disabled adults and children, for symbolic reasons.

The Association in Defence of the Wrongly Convicted took up his case and lawyer James Lockyer said he hopes the Crown moves quickly to decide whether or not to go ahead with a second trial.

“I hope they will make the decision in weeks, rather than months. This case has ruined Jack’s life,” said Mr. Lockyer.

Mr. White began working at the Huronia Regional Centre in 1970, the same facility where he spent several years as a resident after he was apprehended by children’s aid as a boy. He was employed at the facility for 23 years, until the co-worker made the allegation involving the female resident.

While it was not part of the “fresh evidence” motion before the Court of Appeal, it is likely the Crown engaged in secret background checks of potential jurors to gain an advantage at the trial of Mr. White.

The improper jury vetting in Barrie, first disclosed last year by the National Post, dates back at least 20 years. An internal memo issued by the head Crown in Barrie in 1996, one year after the trial of Mr. White, complained that there was not enough information available about potential jurors, for police to do more thorough background checks.

Original report here



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