WARNING: This article contains details of sexual abuse.
An alleged predator’s close encounters with police 18 years ago are now at the centre of a pair of lawsuits filed against the Newfoundland and Labrador government.
Two men allege they were sexually abused by Tony Humby, and claim police and social workers knew the St. John’s man was a predator.
The lawsuits are seeking damages from the provincial government, which oversees both the Royal Newfoundland Constabulary and Department of Children, Seniors and Social Development.
“The plaintiff states that by at least 2007, the RNC had knowledge of Humby and his involvement with young boys,” both statements of claim read.
Humby was ultimately arrested in April 2023. He’s now facing charges related to the alleged exploitation and sexual abuse of 12 youths.
One of the men suing the province is also a complainant in Humby’s criminal case. The other told CBC Investigates he refused to take part in the police investigation.
The lawsuits were filed by lawyer Stephen Barnes of Buckingham Law in early March, and the claims have yet to be tested in court.
No statements of defence have yet been filed.
Humby faced accusation before 2007 incident
Both men were passengers in Humby’s car on Oct. 11, 2007, when Humby was stopped by police around 3 a.m. on Blackhead Road outside St. John’s.
One was 13, while the other was 16. As CBC Investigates previously reported, one man remembered being high on marijuana, while the other said he was drunk.
Both said Humby had been drinking and driving.
CBC Investigates obtained search warrant documents stemming from Humby’s 2023 arrest — which contain evidence so far untested in court — showing police did stop him in 2007, but there’s no indication he was charged with any offence.
That traffic stop came less than a month after Humby was accused of raping a 16 year old.
In that case, the complainant came forward to police and had a rape kit taken at the hospital, according to the search warrant documents. Humby was questioned by police, and let go without charges.
The 13 year old was interviewed by police following the traffic stop in October. He told police nothing happened, according to the search warrant documents. Police also spoke with the mother of the 16-year-old passenger who is now suing.
In the statements of claim, both men say they weren’t told Humby had been accused of sexual assault weeks prior.
“Nonetheless, the plaintiff states that the RNC did not warn him of the dangers posed by associating with Humby,” reads an identical paragraph in both lawsuits.
While neither of the men was in the care of the province’s child protection system at the time, their lawsuits allege the department had “direct knowledge of Tony Humby and that he was a sexual predator,” and failed to stop the alleged abuse.
Abuse spanned years after traffic stop, lawsuits allege
Both men say they were sexually abused by Humby in the weeks, months and years following the traffic stop.
“He has been subjected to forced oral sex, anal sex and fondling by Tony Humby and other men associated with Humby. He states he has been drugged and sexually assaulted while unconscious,” one statement of claim reads.
“He states he has been groomed, extorted, threatened, stalked and blackmailed by Tony Humby and others associated with Humby.”
Humby’s neighbour and friend, Bruce Escott, was also charged in 2023.
Escott pleaded guilty to seven counts, including sexual assault and sexual interference, and was given a 13-year sentence.
In an agreed statement of facts, Escott — a taxi driver — acknowledged he worked in concert with Humby to exploit and abuse vulnerable youths.
Humby has pleaded not guilty.
Delays continue in Humby criminal trial
Humby’s trial on 72 charges was slated to start in March, but was tossed into disarray after the defence was given a document in a disclosure package that the Crown says it wasn’t supposed to have.
Defence lawyer Mark Gruchy said this new evidence could help his client’s case, while the Crown insisted it was a privileged document that he shouldn’t be able to see.
The actual contents of the document remain a mystery, as related hearings happened behind closed doors.
Gruchy has since filed applications for more disclosure, which have put the trial on an indefinite pause.
The case is scheduled to return to court for three weeks in May. It’s unclear at this point whether the Crown and defence will be in a position to start calling witnesses to testify.
For anyone who has been sexually assaulted, there is support available through crisis lines and local support services via the Ending Violence Association of Canada database. If you’re in immediate danger or fear for your safety or that of others around you, please call 911.
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