Disgraced Corner Brook cop's conviction should be tossed, lawyer says

The lawyer representing disgracedCorner Brook RNC Const. Sean Kelly says several errors in his client'strial should overthrow the man's convictionfor indecent communications.

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In an appeal hearing held Monday in aCorner Brook courtroom, lawyer Robby Ash argued Kelly should have his 10-month prison sentence quashedbecause of errors related to evidence in the original trial.

"There was a couple of errors of law which we are alleging occurred,"Ash said.

"We outlined those in detail for the judge today and so we are hoping that our points were made quite clear this morning."

Kelly was sentenced to10 months in jailfor convictions of mischief and placing indecent phonecalls to a young woman at her place of work.

According to the woman, the callercomplimented her chest and asked to have sex with her. WhileKelly saidthe calls did come from his phone, he claimed they were made by an individual he was grooming to be a source.

Errors in law

According toAsh, certain phone records used at trial did not seem accurate,and there were errors about how long calls lasted.

Ash argued that prosecutors began their inquiry with a belief that the Corner Brook cop was guilty, and moldedevidence to fit that narrative.

But theprosecutor assigned to the case, Vikas Khaladkar, saidthere were no substantial errors contained in the phone records. Khaladkar saidminor errors made by witnesses who testified years after the incident had not bearing on the case.

Decision 'in due course'

Arguments were heard in supreme courtMonday morning.

Backed by his wife and other family supporters, Kelly sat on the edge of his seat and was seenwringing his hands throughout the hearing.

The judge presiding over the case said a written decision will be released "in due course."

Kelly has been suspended without pay pending the result of the appeal.