PORT HAWKESBURY, N.S. - The long-awaited trial of a former Nova Scotia businessman accused of sex crimes dating back to the 1970s was delayed Monday because the defence attorney is in hospital with a heart problem.
Justice Simon MacDonald rescheduled the Nova Scotia Supreme Court trial to July 5 because of David Bright's illness.
Brian Casey, a lawyer who is assisting Bright in the trial, said in court that his colleague was in intensive care in Halifax and was expected to be off work for six to eight weeks.
"That's as much as I can forecast," Casey told MacDonald during a brief hearing. "I've had information from his wife but I haven't been able to speak to him."
Casey said "nobody else can proceed on this matter" for the defence at this time because Bright was the lawyer preparing for the trial.
Ernest Fenwick MacIntosh was accused in 1995 of engaging in sex acts with six boys between 1970 and 1977 in a number of communities in eastern Nova Scotia.
MacIntosh spent 13 years in India before he was arrested in 2007 and charged with 36 sex-related offences.
In February, lawyers for MacIntosh argued that the case should be stayed because of delays in the proceedings.
Bright said at the time that there were delays in informing MacIntosh of the charges and in getting documents from the Crown. He also said Halifax police lost records in the case.
Joseph Kennedy, chief justice of Nova Scotia Supreme Court, refused on March 22 an application to throw out the trial. He ruled that MacIntosh had been largely responsible for the slow pace of his trial because he didn't quickly return to Canada to face the charges.
On Monday, MacDonald said he's concerned with the further delay but added it's unavoidable.
"This does concern me," he said. "As I've indicated in the past in this matter, we've got to get this matter to trial. It's been a lengthy period of time.
"It impacts the lives of the victims and, for that matter, the life of Mr. MacIntosh."
MacDonald, though, said he recognized it is a matter beyond anyone's control.
"It's with regret that I have to adjourn the matter, but it's one of those things," he said. "It goes without saying that we should all wish Mr. Bright a speedy recovery."
Casey declined comment outside court.
Crown attorney Diane McGrath said the situation was hard news to the three complainants in the trial, but she didn't think it will change their plans to testify.
"It's unfortunate. It's difficult for everybody involved, but we don't anticipate it will have any impact on the ability to proceed," she said.
The trial is the first of two for MacIntosh. The first involve three of the six complainants and is scheduled to last seven days.
MacIntosh was in court Monday to hear of the delay. He is on bail and residing in the Halifax area.
