Vancouver man appeals rape conviction

The B.C. Court of Appeal is expected to acquit or order a retrial for a man who spent more than 26 years in prison for sex crimes he still says he never committed — and new evidence may vindicate him.

Ivan Henry is appealing his 1983 conviction on 10 counts of sexual assault involving eight Vancouver women.

When he was sentenced, Henry, now 63, was also declared a dangerous offender, meaning he could be kept in prison indefinitely at the discretion of the legal system.

One of the three judges hearing the case Monday indicated that an appeal would likely be granted.

"It appears to us a new trial must be allowed or the conviction overturned," said Appeal Court judge Richard Low. "The appeal should focus on these two choices."

Henry sought appeals in 1984 and in 1997, but both were denied.

Police re-opened investigation

Then the Vancouver police department re-investigated 25 unsolved sexual assaults that happened after Henry was imprisoned.

Another man — whose name is protected by a publication ban — ultimately pleaded guilty to three of those attacks.

In 2009, Henry's lawyers presented the new evidence about the second man and suggested he may also have committed the offences for which Henry was convicted.

Henry's lawyers and Crown counsel also told the court Monday that they have agreed that the methods used to identify Henry as a suspect were questionable, including testimony elicited from some of the victims through hypnosis.

Defence lawyers also argued that important evidence wasn't disclosed to Henry at his original trial.

Henry was freed on bail in the summer of 2009 pending the outcome of the appeal.

The hearing is expected to end Tuesday.