Province wants to pause 'malicious prosecution' lawsuit pending appeal of Robert Regular verdict
Accused lawyer filed civil suit against police and prosecutors after acquittal on sex charges
The Newfoundland and Labrador government is asking a judge to put a lawsuit alleging "malicious prosecution" and a "negligent" criminal investigation on hold — at least for now.
Last year, after his acquittal on charges of sexual assault and sexual interference, Conception Bay South lawyer Robert Regular filed the civil suit, which seeks a long list of damages.
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 claims in his lawsuit have yet to be tested in court.
Meanwhile, the Crown has appealed Regular's acquittal in the criminal case, and is asking for a new trial. No date has yet been set for the appeal to be heard.
- Robert Regular sues RNC and N.L. Justice Department, alleging 'malicious prosecution'
- Crown appeals acquittal of lawyer Robert Regular
In court documents filed last fall, the Justice Department said Regular's lawsuit should be stayed until the appeal process has run its course.
"To make out a claim for malicious prosecution, the plaintiff must establish that the criminal proceeding has been terminated in his favour," government lawyer Don Anthony wrote at the time.
"As the criminal proceeding is under appeal, it is impossible for this requirement to be met."
Anthony made that argument in person to a judge at Newfoundland and Labrador Supreme Court in St. John's on Wednesday afternoon.
He reiterated that the matter should be put on the back burner as the appeal process wends its way forward.
Anthony said going ahead with the civil lawsuit now raises the spectre of inconsistent or conflicting decisions coming out of different levels of court, as parallel matters continue at the same time.
Regular's lawyer, Jerome Kennedy, said the province hasn't met the threshold of "exceptional or extraordinary circumstances" necessary to hit the pause button on his client's claim.
Kennedy cited Regular's age, 72, while noting that "he now wishes to have his day in court."
And Kennedy pointed to strong language in the trial judge's decision to dismiss the criminal charges against Regular.
"He was acquitted spectacularly," Kennedy said.
Justice Melanie Del Rizzo is scheduled to make her decision on the suit next week.
Statements of defence contest lawsuit claims
The police, Justice Department, and Crown prosecutors have all filed statements of defence contesting Regular's claims.
The province said the Crown prosecutors assigned to the case "acted without malice nor with any other primary purpose other than carrying the law into effect."
The police investigator denied conducting a negligent investigation.
Meanwhile, the RNC noted in its defence that "the allegation of conspiracy, devoid of material facts as it is, against its officers and agents responsible for a criminal investigation and prosecution is vexatious."
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