B.C. rapist conviction in 1983 may be nullified

The B.C. Court of Appeal is set to acquit, or order a new trial for, a man who has spent 27 years in prison for a series of rapes in Vancouver in the 1980s.

Ivan Henry was convicted in 1983 on three counts of rape (later changed to "sexual assault" in Canada's Criminal Code) and several other sex-related offences and declared a dangerous offender.

Dangerous offenders are considered so likely to commit violent crimes if released that they can be kept in prison indefinitely.

Henry, 63, has consistently professed his innocence and attempted to appeal the convictions in 1984 and 1997, but was turned down.

Henry won a hearing before the Court of Appeal in June, where his lawyer cited several irregularities in the prosecution during the 1983 trial.

Crown prosecutor David Crossin did not dispute the defence arguments and acknowledged at the June hearing that if Henry were tried again, a jury likely would not convict him.

Among the irregularities in the prosecution:

• Henry did not resemble the man described by the sexual assault victims involved.
• He was improperly held in a choke hold by police in his lineup photo, which was used by victims for identification.
• And, although DNA tests were not in use at the time, a simple blood test could have eliminated Henry as a suspect.

The Crown and police also withheld information from Henry, who acted as his own lawyer at the 1983 trial.

One of the three Court of Appeal judges said during the hearing that the court's only options were either to order a new trial for Henry or acquit him.

Henry was released from prison when the court decided to hear his appeal, but he could be returned to custody if the judges uphold his conviction. Their ruling will be read at 9 a.m. PT in Vancouver.