A Cape Breton couple’s appeal of their sexual assault conviction involving a young girl in their care has been dismissed by a provincial court judge due to no breach of their right to a timely trial. Daryl and Shelley Digout were found guilty of sexual assault and interference with a young girl who had been attending Bible studies at their rural Barra Head home. The girl testified that Daryl Digout touched her inappropriately and encouraged her to engage in sexual activities when she was 11 or 12 years old.
Despite denying the charges and presenting no evidence, Judge Paul Scovil convicted the Digouts, expressing confidence in the girl’s testimony. The couple’s attempt to appeal was based on the right to a trial within a reasonable timeframe, citing the Jordan ruling by the Supreme Court of Canada, which sets an 18-month deadline for provincial court trials. The Digouts’ initial trial ended in mistrial due to a conflict of interest, leading to a retrial that concluded with their convictions, slightly exceeding the 18-month limit.
The Digouts, representing themselves without legal counsel, were also found guilty of failing to comply with police procedures after their charges. The Crown prosecutor sought seven-year prison sentences for each of them. Despite being advised to seek legal aid for their appeal and sentencing, the Digouts faced challenges in obtaining legal representation.
Judge Scovil dismissed the couple’s appeal, stating that mistrials do not reset the trial timeframe, but retrials must be conducted within a reasonable period. The sentencing was delayed as the Digouts sought legal aid for their defense. Judge Scovil rescheduled the sentencing for October 16 to allow the couple to prepare with legal representation.
