© Metro photo
Dale Dunlop speaks to reporters about Gerald Barton on Thursday.
A man wrongfully convicted of raping a young girl over 40 years ago will fight for compensation in court, although many of the documents surrounding his case have disappeared.
Gerald Barton, a black man originally from Jordantown near Digby, was convicted of raping a 13-year-old girl in 1970. His case was reopened in 2008 and the verdict overturned after the woman said she had lied and that her brother had sexually assaulted her since she was nine.
A DNA test proved the child who was born after the rape was not Bartonâs.
In 2011, a judge ruled that Barton had been a victim of a miscarriage of justice and on Thursday his lawyer said the province had broken the promises made following the Donald Marshall Jr. case that no one faced with wrongful conviction should have to fight for compensation.
Marshall Jr. was a Miâkmaq man wrongfully accused of murder in 1971 and cleared by a commission in 1990 that showed racism had contributed to the conviction.
âAs far as the black community is concerned, nothing has changed and the lessons we should have learned from Marshall have been forgotten,â said Bartonâs lawyer Dale Dunlop.
Dunlop said Bartonâs civil trial against the RCMP and provincial attorney general begins April 7, and the province has ârefusedâ to take responsibility for the case although there was no trial or guilty plea entered.
Only a certificate of conviction remains, and a statement the RCMP say Barton made confirming he had sex with the girl, which he denies.
Dunlop said he has never gotten a logical reason for why Bartonâs case file at the courthouse, RCMP file, and probation file have disappeared.
âWhatever happened to Gerry was so far outside the scope of a normal judicial process itâs hard to imagine,â said Dunlop.
They are not asking for the same compensation Marshall received, Dunlop said, but something âfair and reasonable for 40 years of stigma of being a convicted sex offender.â
Cases like Bartonâs continue to hurt Nova Scotiaâs image, Dunlop said, since immigrants might not want to come here when they read about the mistreatment of minorities.
âThis is more than just about stiffing Gerry Barton, this is about the black eye we continue to give to this little part of Canada,â he said.
âIt impedes our progress.â