Lawyers for RNC officer Doug Snelgrove have asked the Court of Appeal to stay or set aside his conviction for sexual assault, as opposed to ordering a fourth trial.
Snelgrove’s two Ontario lawyers gave as good as they got this morning before a three-judge panel of the province’s highest court.
They argue there were errors in last year’s trial that led to the conviction and sentence of four years in prison.
Their key issue is with Snelgrove’s absence from discussions about the judge’s instructions to the jury, as well as the judge’s answers to questions from the jury regarding consent. His lawyer was present for the discussions about the judge’s ultimate charge to the jury.
The defence says a stay of proceedings is the correct remedy, claiming a fourth trial is extremely rare and would be prejudicial for Snelgrove, adding that “prosecuting a person over, and over, and over again doesn’t sit well.”
Supporters of the victim, who can’t be named, would also likely oppose a fourth trial, as long as his conviction and sentence remain intact.
But if the Appeal Court finds there were fatal errors, the Crown says the fact that Snelgrove was a police officer at the time is significant enough to order yet another trial as opposed to a stay of proceedings.
The court is expected to reserve its decision following today’s appeal hearing, with no date set for its decision.
Snelgrove was granted bail last December while awaiting the appeal hearing and outcome.
He was found guilty of driving a woman home from downtown, while he was in uniform and on duty, and sexually assaulting the woman in her apartment.
Since then, at least a dozen women have accused numerous RNC officers, some retired, of sexual assault, harassment or misconduct.