Robert Regular sues RNC and N.L. justice department, alleging 'malicious prosecution'
A Conception Bay South lawyer recently acquitted of sex crimes is suing the police officer who led the investigation into him, the prosecutors who handled his case, the Department of Justice and the Royal Newfoundland Constabulary.
Robert Regular is accusing the Crown of a "malicious prosecution" and the RNC of a "negligent investigation." He is seeking an array of damages.
The claims have not been tested in court. No statement of defence has yet been filed.
None of those named in the lawsuit immediately responded to requests for comment Friday afternoon.
In June, Regular was acquitted of five charges — four counts of sexual assault and one of sexual interference — involving the same female complainant.
Justice Vikas Khaladkar described a series of inconsistencies he found in the testimony of the complainant, and called her evidence "troubling."
Regular told reporters after his acquittal the matter should never have made it to trial in the first place, citing the "misbehaviour of the Crown and the police."
Nearly a month later, the Crown filed an appeal, citing judicial errors, and asked for a new trial.
Jerome Kennedy (left) filed the lawsuit on Regular's behalf. Kennedy was also one of the defence lawyers representing him at trial. (Rob Antle/CBC)
In his lawsuit, Regular says the appeal "will cause further emotional, social, psychological and financial harm" to him and his family.
Three Crown lawyers are named as defendants in the lawsuit — prosecutor Deidre Badcock, current director of public prosecutions Lisa Stead, and former director of public prosecutions Lloyd Strickland. Strickland is now a provincial court judge.
The statement of claim alleges that they were "willfully blind or recklessly indifferent, towards Regular's factual innocence and the significant factual and legal weaknesses in the Crown case."
Regular's lawsuit accuses RNC investigator Const. Nicole Percey of failing to conduct a thorough and fair investigation.
"From the outset of the investigation and particularly commencing with the arrest of Regular, Badcock, Strickland, Stead and Percey conspired with each other by agreeing to, or with common design or intention to, commit unlawful acts to harm Regular," the statement of claim alleged.
"They determined, among themselves, to prosecute Regular without regard to the strength of the case against him or his legal or factual innocence."
Regular's lawsuit was filed at Newfoundland and Labrador Supreme Court last week.
He is represented by lawyer Jerome Kennedy, who also served as co-counsel for the defence in his criminal trial.
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