N.L. police officer Doug Snelgrove seeks 4th trial after sexual assault conviction
Appeal says 4-year sentence 'harsh and unfit'
A St. John's police officer who sexually assaulted a young woman while on duty is seeking either a new trial or a reduced sentence, as the highly publicized case enters its seventh year.
Doug Snelgrove, a member of the Royal Newfoundland Constabulary, formally completed his application to appeal on Monday, arguing that his four-year sentence — handed down in November — was "harsh and unfit."
He has been at the centre of three trials already for his 2014 sexual assault on the survivor, known widely as Jane Doe, whose identity is protected under Canadian law.
Snelgrove, represented by Toronto lawyer Janani Shanmuganathan, is now requesting a fourth trial, arguing that Justice Vikas Khaladkar "failed to properly instruct the jury" on the inducement of sexual activity by abusing a position of trust or authority, an argument that proved key to the Crown's final submissions to the jury in May.
Snelgrove also said Khaladkar violated his right to be present during the whole of his trial and that the justice's instructions on the elements of sexual assault were deficient.
The constable has a bail hearing on Dec. 21. If successful, he will be released until his appeal decision. A date for his appeal hearing has not been set.
The province's court of appeal may uphold Snelgrove's conviction and sentence, or decide to alter the sentence. The court could also order a new trial, or the appeal could be sent to the Supreme Court of Canada.
The Supreme Court of Canada receives about 600 appeal applications each year. It grants about 80 of them.
Multiple trials
The constable, whose multiple trials have sparked widespread protests about the treatment of sex assault survivors by the justice system, is currently behind bars at Bishop's Falls Correctional Centre.
Snelgrove was arrested in 2015 and acquitted after his initial trial in 2017. Prosecutors sought an appeal, however, arguing Judge Valerie Marshall didn't properly instruct the jury on the issue of consent.
That won a second trial in 2020, which ended early due to a mistake from the bench. In that instance, Justice Garrett Handrigan failed to properly dismiss additional jurors, and no verdict was reached.
Snelgrove's third trial ended with his conviction in May.
Since then, at least a dozen women have accused seven RNC officers, most of them retired, of sexual assault, harassment or misconduct.