The Prosecution of Ernest Fenwick MacIntosh July 10

Appendix2008 February 20 A bail hearing is held as the Court determines it has no jurisdiction to re-litigatethe issue. Defence again requests election and/or plea be adjourned as they wishfurther documentation related to extradition process and material supplied to theCourt in India in support of the request.March 26 Mr. Macintosh is released on recognizance and under strict conditions as per theorder of Supreme Court Justice Frank Edwards.April 17 Defence requests adjournment of election and/or plea pending hearing ofdefence application challenging the extradition. Crown does not agree and wantsmatter brought back at earlier date arguing that documentation that has beenrequested is not material to the issue of election of mode of trial as initial disclosuresufficiently identified the case to be met.May 01 Crown forwards to the defence extradition documentation received from thefederal government.07 Defence indicates they are content with disclosure and ready to elect. Election ismade to Supreme Court without a jury and with a Preliminary Inquiry. PreliminaryInquiry is set for October 7-10, and 20-22 with further dates to be set as necessary.23 Nova Scotia Supreme Court hears an application brought by defence to prohibitthe Preliminary Inquiry from proceeding.June 19 Nova Scotia Supreme Court rules the Preliminary Inquiry may proceed.31 Defence argues for a stay of the Preliminary Inquiry in the Nova Scotia Court ofAppeal.August 07 A Judge of the Court of Appeal in chambers rules the Preliminary Inquiry can goahead.October 07-22 Preliminary Inquiry is held in Port Hawkesbury Provincial Court. It is adjourned toJanuary 27, 2010 to call further witnesses.December 10 Defence argues before the Nova Scotia Court of Appeal that the extraditionprinciple of specialty has been violated, the accused’s Charter rights have beenviolated and proceedings should be halted.22 The Nova Scotia Court of Appeal rules against the defence.30 Report To The Attorney General The Prosecution of Ernest Fenwick MacIntosh