Wrongful conviction lawsuit changed at last minute to drop Nova Scotia Crown
HALIFAX - A Nova Scotia man wrongfully convicted of statutory rape in 1970 withdrew his claim of malicious prosecution against the provincial attorney general in court today.
But Dale Dunlop says his client, Gerald Barton, will continue with his claim against the RCMP for negligent investigation.
Dunlop told Nova Scotia's Supreme Court it's clear that the Crown attorney in the case could only act on the statements given to him by the RCMP.
The court began hearing closing arguments today from a lawyer for the federal attorney general, who is representing the RCMP in the civil case.
Barton is claiming he never gave an incriminating statement to police about the crime of having sex with a female between the ages of 14 and 16.
On Wednesday, former Crown attorney Charles Haliburton testified that Barton had pleaded guilty to the charge just as his trial was about to begin on Jan. 14, 1970.
Barton maintains he did not plead guilty and there are few records of the court proceedings that led to Barton's conviction.