Snelgrove case would be a first: RNC Public Complaints Commissioner

The Royal Newfoundland Constabulary Public Complaints Commission says it has never had to deal with a case like the one involving Const. Carl Douglas Snelgrove.

Glenn Payette · CBC News · Posted: Feb 28, 2017 4:29 PM EST | Last Updated: February 28, 2017

Close up of man's face, he's wearing a dark suit and light blue dress shirt. There's wood paneling behind him. — The Doug Snelgrove case would not go to the RNC Public Complaints Commission until the Crown decides if it will appeal. (Glenn Payette/CBC) (Glenn Payette/CBC)

The head of the Royal Newfoundland Constabulary Public Complaints Commission says the agency has never had to deal with a case like the one involving Const. Doug Snelgrove, whom a jury last week found not guilty of sexually assaulting a young woman.

"Nothing like this before and I've been here seven years," said Commissioner John Rorke, a retired provincial court judge, adding that other staff, who have been with the agency for more than two decades, agree.

Generally, other cases referred to the commission, which was established in 1993, have involved complaints about officers using too much force or behaving unprofessionally during arrests.

In Snelgrove's case, the issue is an on-duty police officer having sex with a woman after giving her a ride home from downtown St. John's in December 2014.

RNC Chief Bill Janes must decide how any disciplinary action against Snelgrove will proceed. (Ted Dillon/CBC)

Snelglrove testified in his Supreme Court trial in February that the 21-year-old woman asked him for a ride in the early morning hours, and that she flirted with him, telling him he was attractive and looked good in his uniform.

He said that when they got to her place, she kissed him and initiated sex. He said he believed she consented. She testified she had been drinking and doesn't know if she agreed to the sex.

Sex on duty not against RNC Act

Rorke said the public must understand that Snelgrove has been found not guilty of sexually assaulting the woman.

He said the question for RNC Chief William Janes, and the commission, is whether Snelgrove's actions amounted to professional misconduct, or conduct that would damage the RNC's reputation.

Public outrage over Snelgrove still being on the force led to demonstrations like this once outside RNC headquarters on Monday. (Jen White/CBC)

Snelgrove has admitted to breaching RNC policy. At trial, he said that he should have told his communications centre that he had a woman in his car, and told them the time and the mileage when he picked her up downtown and left her apartment.

He said he didn't do that because he didn't think it was necessary.

The RNC Act says officers must obey Constabulary "regulations, orders and rules respecting policy and procedures" and that "a police officer shall not engage in an activity that would prevent or impair his or her ability to be recalled to duty."

However, Rorke said there is nothing that specifically says an officer cannot have sex while on duty.

For now, things are on hold.

Snelgrove remains suspended without pay

Snelgrove, who has been suspended without pay since charges were laid in July 2015, continues to be suspended while the Crown considers an appeal.

It has 30 days from the Feb. 24 verdict to decide, and if an appeal is filed, Rorke said there won't be any action until the case goes through the court system again.

He said whatever happens after that will begin with Chief Janes, who could hold an internal investigation or hand the matter over to the commission for an independent investigation.

If Janes decided to fire Snelgrove, Rorke said Snelgrove could then appeal to the commission himself, as could the woman if she wasn't happy with the action taken by the RNC.

For now, it is wait and see.