The appeal process for David Case and Celine Loyer has come to a standstill, as one of their lawyers has been in hospital since December, Sudbury.com has learned.
Case was sentenced to 16 months in jail after he was found guilty more than two years ago of sexual assault by aiding and abetting.
Loyer was also sentenced to 16 months in jail after she was convicted of sexual assault.
Case’s lawyer, Nicholas Xynnis, told Sudbury.com that his client has been denied legal aid to pay for the appeals. They are appealing the decision to deny state funding, but nothing significant will happen while Xynnis is in hospital.
“My situation has put everything at a stand still right now,” he said. “I would think by summer’s end, we will know where we’re at in terms of state funding.”
He said he expects to be in the hospital until June, if not longer.
“There are clear grounds to appeal this miscarriage of justice,” Xynnis said.
Neither Case or Loyer have spent any time in jail since their sentencing in February 2021. They were both granted bail to allow them to appeal.
They were both convicted in the sexual assault of a then unconscious 19-year-old woman at Case’s home in 2011.
The trial took place in January of 2020, where the victim told the court she had been assaulted during a dinner party after she blacked out at one point.
