One of the men who accused Ernest Fenwick MacIntosh of molesting him as a boy says he’s happy the case will be heard by the Supreme Court of Canada – but he’s also prepared for another disappointment.

The Nova Scotia Court of Appeal threw out 17 convictions against the former Port Hawkesbury businessman last year, saying the 14-year delay between the allegations and the trial was too long.

On Thursday, the Supreme Court of Canada agreed to hear legal arguments on the case, and the Crown and defence are now preparing their filings.

One of MacIntosh’s alleged victims says he’s pleased the appeal will be allowed, but he’s not getting his hopes up.

“I”m happy, but I’m very cautious too, whether the outcome is going to be the same,” said the 49-year-old. “Let’s hope that it’s reversed and he’s found guilty.”

Senior Crown attorney Jennifer MacLellan says the Supreme Court could either reinstate the convictions, order a new trial or uphold the Appeal Court decision.

The allegations against the former Cape Breton businessman date back to the 1970s, but only surfaced in 1995, when he was working in India.
    
An extradition request was not made until 2006 and MacIntosh was returned to Canada in 2007, although his trial didn’t begin until 2010.

Prosecutors say MacIntosh was responsible for the delay, but the defence says he wasn’t told about all the pending charges – and wasn’t responsible for returning to face charges he was unaware of.

Regardless of the outcome at the Supreme Court, Dave Mantin of the sex abuse survivors group SNAP says Nova Scotia should launch a public inquiry into the case.

“We’re still asking for a public inquiry when this is done as well, to find out why this got screwed up.”

The unnamed victim agrees the case deserves further scrutiny.

“There’s so many issues in this case, and it needs to be heard, in a public forum,” he said. “This trial is definitely a positive thing and this here, right now, where we’re at. But I don’t feel we should be where we’re at. It wouldn’t have happened this way. He’d have been tried, convicted and in prison had the system not broken down.”

The Crown and defence will file documents with the Supreme Court of Canada over the summer, but the case isn’t expected to be heard before 2013.