'My client is disgusted': Lawyer, alleged victim say N.L. authorities ignored warnings about Tony Humby
N.L. child welfare department declines comment, RNC stresses ‘active and ongoing investigation’
A man who went to the Royal Newfoundland Constabulary in 2007 and made a sexual assault complaint against Tony Humby has hired a lawyer and intends to sue the police, claiming the force mishandled his case.
The man — whose name is covered by a publication ban — said he was 16 when he first told police he was raped inside Humby's trailer on Hussey Drive in St. John's. Police took statements from both parties, before closing the case without charges.
Humby has pleaded not guilty to 33 charges related to allegations of sexual violence against 10 youths. Police believe nine of them were abused after the then 16-year-old's complaint was closed without charges being filed in 2007.
St. John's lawyer Stephen Barnes has been retained by the man, who is now 33.
Barnes said his client has no idea why charges weren't laid sooner.
"My client is disgusted with the police and how they handled his case in 2007," Barnes said.
"The way the RNC dismissed my client's complaint in 2007, then called him literally half a lifetime later as though it was a routine part of its investigation is evidence of serious systemic issues with the RNC's investigation techniques, at least with respect to sexual assault complaints."
The man alleges that after he was assaulted, he was escorted to the hospital, where a nurse administered a rape kit.
According to search warrant documents obtained by CBC News, police said they at the time interviewed Humby, who denied the allegation. Humby was told no charges would be filed, and he was free to go.
That untested police affidavit, authored by RNC Const. Jennifer Cotter, was unsealed by a provincial court judge last month after an application by CBC News.
The man said he didn't hear back from the RNC until 16 years later, when he was called in to give another statement.
This time, investigators came to a different conclusion. Humby was charged with sexual assault in relation to the 2007 allegation.
Barnes said they've since learned the rape kit was never sent to be analyzed and was later destroyed.
The boy was in Grade 10, Barnes said, and terrified to come forward when the alleged incident took place. According to Barnes, he later dropped out of school, and was deeply affected by the alleged abuse. He left Newfoundland and Labrador a couple of years later, and struggled with addiction and homelessness.
He eventually moved back to Newfoundland and got sober.
"That being said, he still struggles daily with the impacts of his assault and subsequent interactions with police," Barnes said.
His client has yet to file a statement of claim against the RNC, but Barnes said the process is underway to get court permission to use a pseudonym, so his identity will be protected.
"My client intends to pursue a claim for damages against the RNC, as he believes their negligent investigation not only derailed his life, but also led to countless others being sexually abused by Tony Humby and Bruce Escott," Barnes said.
Escott is Humby's co-accused. The two men were longtime neighbours on Hussey Drive in the Ann Jeannette trailer park near the St. John's airport.
Escott is not accused in relation to the 2007 allegation of sexual assault involving Barnes's client.
Escott is facing 14 charges in relation to six complainants, and has pleaded guilty to one count so far, as part of a plea deal with the Crown.
In a statement to CBC, the RNC said it will not be commenting on any potential civil proceedings.
Const. James Cadigan stressed that it remains "an active and ongoing investigation," noting that an additional 39 charges were laid against Humby on Tuesday.
"Generally speaking, regarding any criminal investigation, an officer must consider the totality of evidence in order to reach a lawful conclusion," Cadigan noted.
"Investigations that have been concluded are made based on information available at the time. It does not prevent the re-opening of an investigation should any new information be obtained."
2nd man seeks to hold N.L. officials accountable
Barnes has already filed a lawsuit on behalf of another man — in part because of allegations related to Humby and Escott.
John Doe #2406, as he's known in court documents, is suing the Newfoundland and Labrador government.
In his statement of claim, John Doe said he disclosed to different social workers that he was being sexually assaulted by Humby and Escott on at least two separate occasions around 2009.
But he said his social workers failed to take action.
"In both instances, the social workers sought additional details, advised it would be looked into, but nothing further came of it, and he continued to be sexually assaulted by Humby and Escott following the disclosure," his statement of claim reads.
In an interview with CBC News, John Doe said he wants the Department of Children, Seniors and Social Development (CSSD) to be accountable for what he believes is a failure to protect vulnerable kids from being abused.
"I believe that they should pay for their actions," he said.
The trove of search warrant documents obtained by CBC News gives a glimpse into accounts of what authorities knew and when.
While there's no mention of John Doe making any disclosure to social workers in 2009, the author does reference interviews and reports that indicate at least one group home worker had concerns about Humby dating back to 2004.
It also cites repeated instances from 2019 onward where group home employees filed reports with CSSD, compiling evidence of the alleged abuse on Hussey Drive.
In one such case, CSSD went to family court in 2020 and got an order to prevent Humby from contacting a 13-year-old boy. According to the charges filed, it's alleged the abuse spanned beyond the end of that order.
John Doe believes more should have been done, sooner.
"The [department] failed to investigate credible allegations of abuse made against Humby and Escott, including the allegations made by [John Doe], and allegations pre-dating [his] involvement with Humby and Escott," his statement of claim alleges.
Tumultuous home life led to Humby, John Doe says
John Doe was raised in a volatile environment, he said, with his stepfather abusing him and his sister. CBC News has viewed his case file, which shows he was involved with the child-protection system from a young age.
He thought he found a safe place on Hussey Drive when he was 14 years old, he said, and began hanging out with other kids from similar backgrounds. He said they often got together at Humby's trailer.
"There was always, I'd say at least, minimum five of us," John Doe said. "There was like a group of us that were all friends hanging out. Smoking weed, smoking cigarettes, drinking. He was always supplying it. So, you know, we didn't think nothing of it. I guess no one else did, either."
John Doe said Humby would often chauffeur them around, since the majority of the kids weren't old enough to have a learner's permit, let alone a licence. The number of kids in the car whittled down over time, he said, until the rides were mostly him and Humby alone.
"He started asking questions. 'Are you into stuff with guys?' I tried telling him I was not really into it, and he started asking would you ever consider trying? He was like 'I'd pay you for it,' stuff like that. I told him no. At first he was kind of OK with it. Then afterwards I guess, like, he ended up getting pissed off of the fact that everyone kept using him for rides and stuff and he probably wasn't getting nothing out of it," he said.
"So that's when he started forcing himself onto me."
John Doe said it started with oral sex, nudity and inappropriate touching. Within a few weeks, he said Humby cornered him in his bedroom and showed him an open drawer in his bedside table.
"There was money, there was weed and smokes and stuff, and there was a gun," he said.
John Doe said he complied with Humby's demands out of fear. He said Humby raped him.
"My instinct then was I can either do whatever I gotta do to get out of here, or, you know, end up dead. So I did whatever, just to not die."
John Doe said the abuse continued until he was 18.
Alleged abuse left lasting effects
Humby is facing six charges specific to John Doe; Escott, two.
John Doe's allegations have not been proven in court.
More than a decade after his alleged experiences with Humby and Escott, John Doe was blindsided by news of their arrests.
The experiences never left his brain, he said — right down to the arrangement of objects inside Humby's trailer and the taxi number on the outside of Escott's car.
"I tried putting this in the past with drugs," John Doe said. "I was in trouble with the law for a lot, and now that I've ended up getting out of trouble I've changed my life around big time. But, you know, it's still there. I'll always have to live with it. I've just got to find ways to live with it, rather than letting it eat me up."
John Doe said he's made a lot of mistakes and has been to jail.
His daughter is now in the care of the province — part of the same child-protection system he believes failed him and many other boys who hung around Hussey Drive.
He doesn't trust the system to keep her safe.
"They have no responsibility. If they're trying to say that because of my past I can't [be a father], what about their past?"
The province has yet to file a statement of defence in John Doe's lawsuit.
In response to questions from CBC, a spokesperson for the Department of Seniors, Children and Social Development said they couldn't comment as the case is before the courts.
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