CORNER BROOK, N.L. — Testimony related to the phone records of a Royal Canadian Mounted Police issued cellphone that had been assigned to Sean Kelly took up the morning session of the trial of the former police officer in Corner Brook Wednesday.
Kelly was a member of the Royal Newfoundland Constabulary serving on a joint forces drug investigation team at the time he is accused of making indecent phone calls to a woman in October 2012.
This is the second time Kelly has gone to trial on such a charge.
He was convicted in February 2015 for making obscene calls to another young woman at her place of work and mischief for trying to deflect the blame for that to another person in October 2012.
He was sentenced to 10 months, but appealed his conviction and sentence only to have them upheld upon appeal to the Supreme Court of Newfoundland and Labrador in September 2017.
He further appealed that decision to the Newfoundland and Labrador Court of Appeal. In April, that court decided to uphold the earlier appeal decision and his original convictions.
The phone records admitted into evidence during this trial show outgoing and incoming calls made by the phone and includes the numbers called and other variables to indicate the time zone and type of call and length of call.
The Bell Canada corporate security department employee who testified said the records had been requested by the RCMP through a production order.
He was the final witness in the Crown’s case.
The afternoon session saw Kelly’s brother and wife testify as the defence began its case.
His brother, Brent Kelly — an RCMP officer in Nova Scotia, testified that he arrived in Corner Brook on Oct. 14, 2012 and had plans to go moose hunting with his brother and another relative.
While discussing the trip on the night of Oct. 15, Brent Kelly said his brother asked if it was OK to ask another person to go and then saw him attempt to call that person.
The person was connected to the complainant though, from the phone records and testimony of the woman, the number called was hers.
Kelly’s wife, Tammy Kelly, testified to seeing her husband making that call and an earlier one that again resulted in no conversation.
Both calls were made by Kelly using his police issued Blackberry.
Once the afternoon testimony had been completed, Rob Ash, Kelly’s lawyer, told the court he was not prepared to close his case and that he may need to call another witness.
He asked for time to review the audio recording of testimony this potential witness gave during a previous trial.
The trial is set to resume Dec. 19.
