Court rejects McNeil bid to file an appeal
SYDNEY – A Glace Bay man’s bid to file an appeal of his conviction and sentence on a charge of manslaughter has been denied by the Nova Scotia Court of Appeal.
Morgan James McNeil, 27, of Glace Bay, was sentenced in November 2016 to serve a seven-year sentence in relation to the strangulation death of Laura Catherine Jessome, 21, of Bras d’Or in May 2012.
Her remains were discovered in a hockey equipment bag along the shore of the Mira River in Marion Bridge.
McNeil had initially been charged with second-degree murder but pleaded guilty to the included offence of manslaughter. Coaccused Thomas Ted Barrett, 42, also of Glace Bay, was charged with second-degree murder but pleaded guilty to being an accessory after the fact and was sentenced to 60 months in custody.
In December 2017, McNeil attempted to file an appeal of his conviction and sentence but was told he was well past the time limit for filing such a document.
The normal timeframe to file an appeal is 30 days after sentencing, unless application is made to extend the time period.
“I am not satisfied based on all the material before that Mr. McNeil did not form a bonafide intention to appeal during the appeal period,” wrote Justice Cindy Bourgeois, in dismissing McNeil’s application.
The judge said McNeil’s intention to appeal only became clear after Barrett was sentenced in October 2017.
“Considering the entirety of the materials before me, I am satisfied that it is not in the interests of justice to extend the time to permit Mr. McNeil to pursue his proposed appeal,” said Bourgeois.
In the agreed statement of facts presented at McNeil’s sentencing hearing, it was noted that the day prior to Jessome’s death, she was with McNeil and Barrett inside Barrett’s West Street apartment going drugs.
On May 3, 2012, both McNeil and Barrett were again into the drugs and after Jessome requested some for her, Barrett refused. An argument ensued and Jessome left the apartment.
McNeil was instructed by Barrett to bring her back, to which he complied. Once inside the apartment, Barrett strangled Jessome with a ligature.
The Crown conceded that while McNeil did not cause the death of Jessome, his negligence in bringing her back to the apartment and not allowing her to leave gave Barrett the opportunity to kill her.
In his appeal documents, McNeil contended he never wanted to plead guilty and did so because he was pressured by his defence lawyer.
His defence lawyer did testify at the appeal hearing and said there was no indication from McNeil that he wanted to file an appeal.
“Based on the evidence, I am satisfied that, although Mr. McNeil may have experienced anxiety surrounding his guilty plea, he entered the plea voluntarily and after participating in settlement negotiations with the Crown,” wrote Bourgeois.
“I am further satisfied that although initially questioning his sentence, Mr. McNeil chose to forego pursing an appeal for fear it would impact his chances for parole.”
McNeil’s seven-year manslaughter sentence was ordered to be served consecutively to an eight-year sentence previously imposed on him on charges stemming from armed robbery.
The Crown’s case against Barrett collapsed after a statement from a deceased witness, deemed a critical piece of evidence, was ruled inadmissible at trial. Further, as part of the negotiations with McNeil, the Crown agreed McNeil would not be called as a witness at Barrett’s trial.