'My client is disgusted': Lawyer, alleged victim say N.L. authorities ignored warnings about Tony Humby

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.