An RNC police officer who will be retried on a charge of sexually assaulting a woman has failed in a court challenge to his status of “suspended without pay.”

Doug Snelgrove went to court on charges of sexually assaulting a young woman who was significantly under the influence of alcohol. He was in uniform and on duty at the time of the incident in December 2014. The officer was acquitted but will be retried after the Crown won an appeal.

Snelgrove says suspending him without pay amounts to constructive dismissal, a claim rejected by Justice Robert Stack last Friday in the Supreme Court of Newfoundland and Labrador.

Snelgrove was suspended five years ago by then-chief William Janes, a decision upheld by current chief Joe Boland. Justice Stack agreed with Snelgrove that the suspension by Janes was unreasonable but ruled that the action by Chief Boland was reasonable.

There was no ruling on court costs because of the mixed decision.