Loses appeal
Court rejects appeal bid by Domoslai
A Cape Breton man currently on trial for attempting to arrange the murder of his wife has lost a bid to appeal his divorce decision.
In a decision released Friday, Justice Joel Fichaud, of the Nova Scotia Court of Appeal, dismissed the appeal filed by Roderick Joseph Domoslai in relation to a divorce decree issued in 2013. There was also a subsequent order issued in January 2015.
According to Fichaud’s decision, Domoslai first filed his appeal in February 2015 claiming the trial judge made numerous errors of fact and mixed fact with law.
The registrar of the appeal court notified Domoslai he needed to move to set down a hearing date along with filing a certificate of readiness.
Dates were set for Domoslai and his ex-wife, Dawn MacNeil, to file documents with the court along with a hearing date in September.
However, the registrar filed notice to dismiss the appeal, in accordance with the rules governing such a process, in June because Domoslai had failed to file any the documents demanded by the court.
“Mr. Domoslai has filed no sworn evidence for this motion,” said the judge.
He noted that Domoslai did not receive a copy of the divorce trial transcript because he told a transcription service to halt preparation of the document.
“He says he is involved in another litigation that is consuming his attention and resources. But he wants to proceed with his appeal and asks that the registrar’s motion be dismissed,” recounted Fichaud, in his decision.
At the end of the day, said the judge, the court was left with an appeal filed more than 17 months ago, gross inaccurate estimates when Domoslai might be ready to proceed to trial along with the cancellation of a transcript which is necessary to show the alleged errors of the presiding judge.
As result, the judge dismissed the motion. Domoslai, a native of Saskatchewan, and MacNeil were married in Alberta and returned to Cape Breton in 2003. Their marriage produced two children.
Domoslai is now on trial before Supreme Court Justice Gregory Warner charged with two counts of counselling a person to commit murder and a third count of counselling the same person to commit arson. Neither the murder nor the arson occurred.
He is also charged with single counts of attempting to obstruct justice and perjury. The perjury charges allege that Domoslai falsely swore he did not breach his release conditions and that he did not commit an assault.
All of the offences were allegedly committed between 2007 and 2010 in Sydney.
The scheduled 10-day trial began July 4 but after two days ground to halt when Domoslai’s defence lawyer, Laura McCarthy, withdrew from the case citing ethical concerns.
Another lawyer in the same firm, Lyle Howe, was going to sign on but was prohibited because of restrictions placed on his practice while he’s embroiled in a disciplinary hearing with the Nova Scotia Barristers Society.
A third lawyer in the firm was retained but unable to appear in court in August so the trial is now set to resume Sept. 6 in Sydney.
MacNeil was the Crown’s first witness in the trial and testified that her former husband was abusive, manipulative and controlling.
She said she agreed to items in the divorce decree she should not have and that Domoslai threatened if she didn’t agree, he would make her suffer.
She said numerous Family Court orders were breached by Domoslai and there were numerous appearances in court to vary certain orders.
“I felt I had no choice and I told him I would do whatever I needed to do.”
MacNeil does have care of the children as Domoslai is prohibited from seeing them while the current charges remain before the court.
The charges against Domoslai were first filed in 2013 and the trial judge has noted there were some 17-delay requests granted to Domoslai.