Charges stayed in sex case against former Winnipeg Crown lawyer

Justice officials have stayed charges against a former federal Crown prosecutor arrested for his involvement with a Winnipeg sex-trade worker.

Richard Smith, 55, was arrested last August following a lengthy investigation and charged with one count each of obtaining sexual services for consideration and abetting the victim to breach a court-ordered curfew. 

Both charges were stayed by the Crown during a court hearing in Winnipeg last month. 

"Given the diligent effort of Mr. Smith to rehabilitate himself, the Crown is prepared to enter a stay," special prosecutor Jennifer MacLellan told court.

Court heard the now 26-year-old victim worked at a Winnipeg massage parlour between 2013 and 2015. That's where she met Smith.

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The woman was arrested in November 2014 after she was caught selling cocaine to an undercover police officer. The woman was released on a recognizance, which included requirements she reside at her Main Street home and observe a nightly curfew. 

Smith continued to meet the woman for paid sexual encounters, both in his car and at his home. 

"Mr. Smith was aware that this breached the conditions of her court order," MacLellan said, adding Smith also took the woman to West Hawk Lake in eastern Manitoba in violation of her curfew.

"Their communications involved her having a cellphone, also a violation of her recognizance," MacLellan said. 

Law society investigation ongoing

Smith was fired by the federal prosecution service in June 2016, just weeks before his arrest. Since his arrest, Smith has completed over 250 hours community service work, undergone psychological counselling and completed the prostitution offender program, or "john school," MacLellan said.

Smith was also a regular speaker at john school classes, "which have been a great success, I've been advised," MacLellan said. "The program has benefited a great deal from having Mr. Smith present."

Court records show Smith, prior to his arrest, posted bail for the victim after she was re-arrested for an alleged assault on her mother. For a time, the woman listed Smith's address as her own on a court recognizance.

Last December, the woman was sentenced to two years probation on her drug charges. During a sentencing hearing, the woman's lawyer alleged Smith suggested he could help her in exchange for sex.

Neither issue was addressed during Smith's sentencing hearing last month.

Smith voluntarily surrendered his law licence following his arrest, Law Society of Manitoba director of regulations Leah Kosokowsky confirmed Wednesday. A law society investigation into Smith's conduct remains ongoing, she said. 

Kosokowsky said the investigation could result in anything form a reprimand to disbarment. 

Smith could not be reached for comment.