Judge pauses Robert Regular's 'malicious prosecution' lawsuit against cops, Crown
Civil proceeding will remain on hold pending appeal of acquittal in criminal case
A Newfoundland and Labrador Supreme Court judge has temporarily shelved a lawsuit alleging "malicious prosecution" and a "negligent" criminal investigation.
"The high standard for a stay has been met," Justice Melanie Del Rizzo said Thursday afternoon in handing down her decision.
Conception Bay South lawyer Robert Regular was acquitted last summer on charges of sexual assault and sexual interference. The Crown has appealed that decision.
Regular has launched a civil suit seeking an array of damages related to those criminal proceedings against him.
The defendants include the police officer who led the investigation into him, the Crown prosecutors who handled his case, the Royal Newfoundland Constabulary, and the provincial Department of Justice.
The justice department filed an application to have Regular's civil suit stayed, until the appeal process in his criminal case is complete.
In granting that request, Del Rizzo stressed that the stay is temporary, and she doesn't see it causing significant prejudice to Regular, saying it will be vacated if his acquittal is ultimately affirmed.
The judge noted that the appeal in Regular's criminal matter is expected by lawyers to be heard this spring, with a decision six to 12 months after that.
- Robert Regular sues RNC and N.L. Justice Department, alleging 'malicious prosecution'
- Crown appeals acquittal of lawyer Robert Regular
- Sexual assault, sexual interference charges dismissed against lawyer Robert Regular
After his acquittal last year, Regular told reporters on the courthouse steps that the case should never have made it to trial in the first place, and cited "the misbehaviour of the Crown and the police."
The trial judge had found a series of inconsistencies in the testimony of the sole complainant, and noted that some of the inaccuracies "create significant doubt" about her ability to remember events.
The Crown's appeal contends that there were judicial errors, and asks for a new trial.
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