Regan Prosecution Will Not Proceed
Public Prosecution Service
April 17, 2002 10:34 AM
The Nova Scotia Public Prosecution Service will not proceed with
the remaining charges of indecent assault against Gerald A.
Regan. Martin Herschorn, director of Public Prosecutions, made
the announcement today, April 17, at a news conference.
"After an exhaustive review and consultation, we've decided that
it's not in the public interest to proceed," said Mr. Herschorn.
"One consideration that weighed heavily was the probability that
Mr. Regan would not receive a jail sentence if found guilty. This
and the probability of a long and expensive trial were
significant in leading to our decision."
Mr. Regan was facing eight charges of indecent assault involving
eight women and dating back more than 24 years. In December 1998,
he was acquitted of one charge of rape, two charges of attempted
rape, three charges of indecent assault and two charges of
unlawful confinement. These charges involved three women and
dated back to 1956.
The current charges of indecent assault were stayed by the
Supreme Court of Nova Scotia in April 1998 before Mr. Regan stood
trial on the other charges. The stayed charges were reinstated by
the Nova Scotia Court of Appeal in 1999. Mr. Regan later appealed
to the Supreme Court of Canada and on Feb. 14 in a 5-4 decision,
the Court upheld the reinstated charges, giving the Public
Prosecution Service the ability to proceed with a prosecution.
The Nova Scotia Public Prosecution Service, like most other
prosecution services worldwide, uses a two-step test when
deciding whether to go ahead with a prosecution. The case is
first assessed on whether there is a realistic prospect of
conviction. If not, the prosecution is stopped. If there is a
realistic prospect of conviction, the Crown goes on to consider
15 different public interest factors. The prosecution moves
forward only if it is in the public interest to do so.
"Although we were heartened by the decision of the Supreme Court
of Canada, public interest considerations weighed heavily in
favor of stopping the prosecution," said Adrian Reid, chief Crown
attorney, Halifax Region, and lead prosecutor on this case.
In addition to the likely outcome in the event of a guilty
verdict and the length and expense of the trial, Mr. Reid cited
three other reasons for deciding to not proceed.
First, the staleness of the alleged offences: they're more than
24 years old and the case itself is in its tenth year.
Second, the wishes of the complainants: before the appeal to the
Supreme Court of Canada, two complainants had indicated that they
no longer wished to proceed. Following the Supreme Court
decision, two more complainants indicated they did not wish to
proceed. Of the remaining six complainants, the majority were
willing to proceed but were content to leave the decision to the
Crown.
Finally, the original motivation of most of the complainants: to
support the women who had allegedly been more seriously
victimized. Once the current charges were stayed this was no
longer possible.
Mr. Herschorn said the decision not to proceed in this case
should not discourage anyone who has been sexually assaulted from
reporting it to police.
"Every case is assessed individually and decisions are made based
on the facts of the case," explained Mr. Herschorn. "The Public
Prosecution Service takes the offence of sexual assault very
seriously. I urge any person who is sexually assaulted to report
the incident to the police immediately. If the investigation
results in criminal charges, the Public Prosecution Service will
approach the case with the same fairness, professionalism and
integrity as any other case."
FOR BROADCAST USE:
The Nova Scotia Public Prosecution Service will not proceed
with the charges of indecent assault that remain against Gerald
A. Regan.
Martin Herschorn, director of Public Prosecutions, made the
announcement today, April 17th, at a news conference.
Mr. Herschorn says that the probability that Mr. Regan would
not receive a jail sentence if found guilty of these charges and
that the trial would be long and expensive were important
considerations.
-30-
Contact: Chris Hansen
Public Prosecution Service
902-424-2225
Cell: 902-430-5529
E-mail: hansence@gov.ns.ca
njm April 17, 2002 10:31 A.M.
The Nova Scotia Public Prosecution Service will not proceed with
the remaining charges of indecent assault against Gerald A.
Regan. Martin Herschorn, director of Public Prosecutions, made
the announcement today, April 17, at a news conference.
"After an exhaustive review and consultation, we've decided that
it's not in the public interest to proceed," said Mr. Herschorn.
"One consideration that weighed heavily was the probability that
Mr. Regan would not receive a jail sentence if found guilty. This
and the probability of a long and expensive trial were
significant in leading to our decision."
Mr. Regan was facing eight charges of indecent assault involving
eight women and dating back more than 24 years. In December 1998,
he was acquitted of one charge of rape, two charges of attempted
rape, three charges of indecent assault and two charges of
unlawful confinement. These charges involved three women and
dated back to 1956.
The current charges of indecent assault were stayed by the
Supreme Court of Nova Scotia in April 1998 before Mr. Regan stood
trial on the other charges. The stayed charges were reinstated by
the Nova Scotia Court of Appeal in 1999. Mr. Regan later appealed
to the Supreme Court of Canada and on Feb. 14 in a 5-4 decision,
the Court upheld the reinstated charges, giving the Public
Prosecution Service the ability to proceed with a prosecution.
The Nova Scotia Public Prosecution Service, like most other
prosecution services worldwide, uses a two-step test when
deciding whether to go ahead with a prosecution. The case is
first assessed on whether there is a realistic prospect of
conviction. If not, the prosecution is stopped. If there is a
realistic prospect of conviction, the Crown goes on to consider
15 different public interest factors. The prosecution moves
forward only if it is in the public interest to do so.
"Although we were heartened by the decision of the Supreme Court
of Canada, public interest considerations weighed heavily in
favor of stopping the prosecution," said Adrian Reid, chief Crown
attorney, Halifax Region, and lead prosecutor on this case.
In addition to the likely outcome in the event of a guilty
verdict and the length and expense of the trial, Mr. Reid cited
three other reasons for deciding to not proceed.
First, the staleness of the alleged offences: they're more than
24 years old and the case itself is in its tenth year.
Second, the wishes of the complainants: before the appeal to the
Supreme Court of Canada, two complainants had indicated that they
no longer wished to proceed. Following the Supreme Court
decision, two more complainants indicated they did not wish to
proceed. Of the remaining six complainants, the majority were
willing to proceed but were content to leave the decision to the
Crown.
Finally, the original motivation of most of the complainants: to
support the women who had allegedly been more seriously
victimized. Once the current charges were stayed this was no
longer possible.
Mr. Herschorn said the decision not to proceed in this case
should not discourage anyone who has been sexually assaulted from
reporting it to police.
"Every case is assessed individually and decisions are made based
on the facts of the case," explained Mr. Herschorn. "The Public
Prosecution Service takes the offence of sexual assault very
seriously. I urge any person who is sexually assaulted to report
the incident to the police immediately. If the investigation
results in criminal charges, the Public Prosecution Service will
approach the case with the same fairness, professionalism and
integrity as any other case."
FOR BROADCAST USE:
The Nova Scotia Public Prosecution Service will not proceed
with the charges of indecent assault that remain against Gerald
A. Regan.
Martin Herschorn, director of Public Prosecutions, made the
announcement today, April 17th, at a news conference.
Mr. Herschorn says that the probability that Mr. Regan would
not receive a jail sentence if found guilty of these charges and
that the trial would be long and expensive were important
considerations.
-30-
Contact: Chris Hansen
Public Prosecution Service
902-424-2225
Cell: 902-430-5529
E-mail: hansence@gov.ns.ca
njm April 17, 2002 10:31 A.M.