SASKATOON – The man found guilty in the murder of Daleen Bosse is seeking to appeal his conviction. Lawyers for Douglas Hales, who was convicted in December 2013 of second-degree murder, filed the paperwork with the Saskatchewan Court of Appeal on Thursday.
Three reasons have been cited in the notice to appeal. Two of those concern a ruling made by the Supreme Court of Canada last year on “Mr. Big” sting operations, which was handed down after closing arguments had be made but before a verdict was delivered.
READ MORE: Stricter rules needed in ‘Mr. Big’ police stings: Supreme Court
The notice states the judge erred in his application of the Supreme Court ruling by “admitting the Mr. Big statements,” the way he construed “the statements to Mr. Big and the statements made in custody,” and how Hales’ evidence on the stand was considered.
The issue of fairness has also been raised and whether the “judge erred by failing to order mistrial” or allow new evidence to be entered because of the high court’s ruling.
When he ruled in October on whether to declare a mistrial or allow new evidence following the high court’s decision, Judge Allbright stated he would have allowed the application if he felt it would have impacted Hales right to a fair trial.
Bosse disappeared in May 2004. Her body was found in a wooded area outside of Saskatoon in August 2008 after Hales confessed to undercover officers during the sting operation that he killed and burned her body when the evening didn’t go as he hoped.
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Allbright stated in his verdict Hales admission during the sting met the test set out by the Supreme Court.
The notice to appeal also cites “there was an evidence-based reasonable doubt on this case and that it was not excluded by the learned judge’s reasons, or to the extent it was so excluded, that the exclusion was animated by improper principle.”
READ MORE: Murder verdict for Douglas Hales in death of Daleen Bosse
Hales was found guilty of second-degree murder and offering an indignity to a body on Dec. 17, 2014 following an eight-month trial. He was handed a life sentence with no chance of parole for 15 years.
He has asked for a new trial by judge alone.
With files from Meaghan Craig
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