3rd trial for police officer Doug Snelgrove, accused of sexual assault, now underway

The third trial for Doug Snelgrove, aRoyal Newfoundland Constabulary officer accused of sexualassault, is underway.

On Wednesday morning, potential jurors filed into the former School for the Deaf in St. John's, now turned into a makeshift Supreme Court facility to adhere to COVID-19 distancing protocols.

JusticeVikas Khaladkarselected ajury around noon NT. Crown prosecutor Lloyd Strickland offered opening remarks to the 12-person panel before calling his first witness.

It's the second timeSnelgrovewill observe testimony inside the building, after his retrial in September was declared void due to an error in jury dismissal.

The judge in that trial, Garrett Handrigan, determined he did not follow protocol when he sequestered the jury and dismissed the twoalternate jurors who had heard evidence. Snelgrove's lawyers, Randy Piercey and Jon Noonan, called the mistake "unfortunate but fatal."

Handrigandeclared a mistrial on Sept. 25, leading to a new trial date and new jury.

The mistrial prompted several protests outside the Supreme Court building and widespread backlash against the Newfoundland and Labrador justice system, with critics demanding more support for sexual assault complainants who must testify before a jury.

The incident under scrutiny occurred in December 2014. The Ontario Provincial Police were called to investigate, and arrested and charged Snelgrove in 2015.

He stood trial for the first time in 2017. An appeals court overturned that verdict a year later.

Media are barred from reporting the details of Snelgrove's previous two trials.

Complainant reported assault to female officer

The Crown's first witness on Wednesday, veteran RNC Const. Kelsey Muise, told the court she first encountered the complainant on the side of a road one night in January 2015.

Muise testified the woman appeared drunk and distraught, and asked for a ride to her friend's house. Muise obliged.

The complainant, in the back seat of Muise's patrol car, "became more upset, crying," Muiserecalled."She then disclosed to me she had been sexually assaulted by an RNC officer."

Muise saidshe reported the complaint to her superiors, wholaunched an investigation. Strickland told the jury the investigation revealed Snelgrove's patrol car had indeed been located at the complainant's address the night of the alleged assault, and that his DNA was discovered on the complainant's loveseat.

Defence lawyer Randy Pierceyneedled Muise under cross-examination, leaving her at times flustered, about the exact sequence of events, and whether or not Muisereported to dispatch that she had an intoxicated person in her care.

"I would assume, as an 18-year police officer, Iwould have called it in," Muise said.

Muiseconfirmed the complainant haddisclosed she drank "less than 10 beer," and was coherent enough to give Muise her address.

Pierceysuggested that, despite the complainant's alleged intoxication, her ability to communicate wasn't impaired.

"She told you in detail about the allegation, didn't she?"Pierceyasked, before ending his cross-examination. "She didn't appear to have a lot of problems with her memory, did she?"

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