He was released from prison after serving his
The account of the rape provided by
Bernardo, which occurred in the late 1980s and was
prosecuted soon after, was believable because of his
intimate knowledge of the attack.
The government is now seeking to rectify the
situation. "The matter is under review," said Howard
Leibovich, a senior Crown prosecutor familiar with
Robert Nuttall, the Crown attorney in Scarborough
who prosecuted the case, said members of the Toronto
Police Service's Sexual Assault Squad recently
interviewed him about the matter but he has little
memory of the original case.
"I gave them the best and most accurate
recollection I could."
"There was a case to be prosecuted, I prosecuted
it and if the fellow decided to plead guilty,
really, that's coming from him. What his motivation
was, God only knows," said Mr. Nuttall, who is now a
Toronto defence lawyer.
"Nobody likes to see an innocent man convicted."
Tony Bryant, Bernardo's lawyer, confirmed his
client worked with police on the case.
"He was able to describe the event. He was able
to give specifics and they were able to track it
down. The Crown has identified the person and were
taking some steps to fix it as best they can," Mr.
"He was found guilty and sentenced for a crime
that he did not commit," he said.
It is a mystery why the man, who has not been
identified, pleaded guilty to the crime if he was
innocent. The plea came in the midst of his trial on
the advice of his lawyer after hearing some of the
evidence against him, sources said.
It is not known what evidence led to his arrest.
In October, 2005, Bernardo confessed to several
attacks he said he had committed two decades
earlier. Toronto police assigned detectives in its
Sexual Assault Squad to work with officers from the
original "Scarborough Rapist" file in the 1980s to
investigate Bernardo's claims.
Four months later, Toronto police said no new
charges would be laid against Bernardo.
At the time, Deputy Chief Tony Warr said the
cases included a number of assaults the force was
aware of, but for which the victims did not wish to
proceed with an investigation. In others, not enough
information was provided by Bernardo to launch an
investigation; still others may have gone unreported
to police, he said at the time.