ANTIGONISH: A former cab driver found guilty of sexual assault is appealing his conviction.
The lawyer for William Roger MacLellan appeared before a judge in chambers at the Antigonish Justice Centre on January 3 to make a motion for the appeal and set a hearing for April 18.
A notice of appeal issued on December 5 claimed that the trail judge erred in applying the law of identification of evidence, in applying the law of voice identification evidence, that the verdict was unreasonable or cannot be supported by the evidence, and other grounds for the appeal.
Judge Laurie Halfpenny-MacQuarrie found MacLellan guilty of sexual assault on November 4. The judge heard final arguments on the case on August 30 in Truro Provincial Court. Both the crown and defense entered an agreed upon statement of facts in regards to a surveillance video offered as evidence in the trial.
On January 19, 2016, the prosecution decided to no longer pursue one of the two sexual assault charges MacLellan previously faced.