A Halifax-area navy sailor has won a new trial over an accusation that he sexually assaulted a woman he met over Facebook.
The Nova Scotia Court of Appeal overturned Paul Simpson's conviction, saying his trial would not inspire public confidence in the criminal justice system, and noting the Crown itself conceded the appeal because Simpson seemed to receive ineffective legal representation.
The appeal judges also ordered that Simpson, who was convicted in 2017 and sentenced to three years in jail, should be released pending a new trial.
Simpson improperly prepared to testify
In a decision released Friday, the court of appeal said Simpson's lawyer, Laura McCarthy, did not appear to give effective, dedicated representation, noting she caused several delays and did not diligently prepare him to testify.
Simpson was at first represented by Lyle Howe, who is McCarthy's husband and was at the time another lawyer at the same office. When Howe was suspended by the Nova Scotia Barristers' Society in May 2014, McCarthy became Simpson's lawyer.
Simpson had never met the complainant before inviting her to a 2013 New Year's Eve party at his house over Facebook.
The 43-year-old leading seaman is accused of assaulting her on their second date, on Feb. 23, 2014.
The provincial court judge who convicted him last June said the two had some consensual activity on both dates, but the complainant told Simpson she would not have intercourse that night.
"Mr. Simpson's trial cannot be seen as one that would reassure the public to have confidence in the administration of criminal justice," the appeal court ruling reads.
McCarthy disputed that, saying she had adequately prepared Simpson for direct and cross-examination. She told the appeal court she had met with him many times, but her last documented client meeting with him was Sept. 26, 2015, 15 months before he testified.
Simpson said McCarthy did not prepare him during this hiatus.
No decision yet on second trial
"Its appearance was not of effective, dedicated representation. It was plagued by delays occasioned by Ms. McCarthy and … it was not characterized by a diligent preparation of Mr. Simpson for testifying," the court of appeal ruling said.
"We agree with the Crown's conclusion that Ms. McCarthy's representation of Mr. Simpson denied him the fair trial to which he was entitled."
Tilly Pillay, the executive director of the Nova Scotia Barristers' Society, said the organization is reviewing the decision.
"It's our normal process to carefully review any court decisions that make serious findings against a lawyer, and to assess next steps in the public interest," Pillay said.
CBC News left phone messages and emailed McCarthy on Friday, but she did not respond.
The Crown has not yet decided if it will retry the case.
