On Tuesday, he missed a hearing in provincial court, where Lisa Lake, the mother of Smith’s ex-girlfriend Cortney Lake, was attempting to obtain a peace bond against him. The court heard sheriff’s officers hadn’t been able to serve Smith with the necessary summons, and the hearing was postponed until Oct. 10.
On Wednesday, it was Newfoundland Supreme Court, where the Crown announced it will seek to appeal one of Smith’s recent sentences.
Prosecutor Jude Hall submitted an application to the court for an extension to appeal Smith’s sentence on charges of dangerous driving and failing to stop for police, given the 30-day deadline since Smith was sentenced has passed. He also filed a notice of appeal on those charges.
Justice Donald Burrage, noting the case seemed relatively straightforward, set both the application and the actual appeal for Nov. 3.
Smith, 25, had been served while in custody with the court papers notifying him of the potential appeal, but didn’t attend court Wednesday.
The charges stem from an incident on May 5, when Smith’s sister called police to say she was worried about Smith’s well-being, and thought he was in his truck parked near the St. John’s airport. Officers located him there, but he drove away when they approached him. After a short chase, police lost track of Smith’s truck, but later located him sitting in it, parked off Peacekeepers Way in Conception Bay South. He was attempting to harm himself and officers took him to hospital.
On June 7, Smith — who had no previous criminal record — pleaded guilty in provincial court to the driving charges, as well as charges of assaulting Cortney Lake, distributing nude photos of her and breaching orders to stay away from her and her family members.
He was sentenced to two days time served, a year of probation and conditions that he not contact Lake or certain members of her family. As well, he was given a one-year driving ban, except for work purposes.
It’s that latter aspect of the sentence that Hall is appealing, saying a driving ban with the exception of work reasons is not an available sentence.
Smith was reportedly the last person seen with Lake, who disappeared the evening of June 7 and is deemed by police to have been murdered. He has admitted picking her up in his truck that night — hours after he was sentenced and ordered not to have contact with her — and pleaded guilty Aug. 9 to breaching that order and others. After making a plea bargain, he was sentenced to 30 days in jail, with 24 left to serve, but was released on good behaviour 16 days later.
Police have not publicly connected Smith with the murder of Lake, a 24-year-old mother of one. They did search his home in connection with her disappearance and seize a number of items, including his pickup.
Lake’s whereabouts is still unknown. Anyone with any information that might assist police in their investigation is asked to contact them at 729-8000, or Crime Stoppers anonymously at 1-800-222-TIPS.
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Twitter: @tara_bradbury
