The Saskatchewan Court of Appeal has dismissed the appeal of former Saskatchewan Roughrider Trevis Smith, who was found guilty last year of aggravated sexual assault for having unprotected sex with two women without telling them he was HIV-positive.
Smith had hoped to have a new trial after being sentenced to six years in prison for the assaults and bail violations.
Smith's appeal was based on the argument Provincial Court Judge Kenn Bellerose violated two of Smith's fundamental rights: "the right to be presumed innocent and the right to remain silent."
The Court of Appeal decision stated: "The Court of Appeal held it was open to the trial judge to disbelieve Smith and to find the defence evidence did not raise a reasonable doubt. On the whole of the evidence, the conclusion of the trial judge to believe the evidence of the two complainants as the basis for the conviction on two counts of aggravated sexual assault was supported by the evidence and no error was identified. Accordingly, the appeal was dismissed."
Smith, once a star linebacker with the 'Riders, has spent more than a year in jail at the Prince Albert Penitentiary.
Clemente Monterosso, Smith's lawyer, was surprised when informed of the decision but declined to comment until he had read it thoroughly. Monterosso has said in the past he is willing to take the case to the Supreme Court of Canada, if such an opportunity is available.
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