Dismissal of sex assault conviction over trial delays will stand
OTTAWA – The Supreme Court of Canada will not hear a Crown appeal in a case where a sexual assault conviction against a Manitoba man was thrown out because of trial delays.
The Manitoba Court of Appeal last year overturned the sexual assault conviction of Winnipeg chiropractor Marlin Vandermeulen on the grounds it took too long for the justice system to deal with his case.
He had been found guilty of repeatedly beating and raping his former girlfriend at a downtown hotel.
Vandermeulen was arrested in January 2010 but didn’t go to trial until February 2013 and while the verdict came in May, sentencing didn’t take place until June 2014.
The appeal court ruled that Vandermeulen’s charter rights were violated and the only remedy was to dismiss the case, along with the three-and-a-half year prison term imposed.
As usual, the Supreme Court gave no reasons for refusing to hear the Crown’s appeal.
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