The man convicted of killing Jennifer Cusworth 20 years ago objects to the jury hearing certain evidence.
Neil Snelson is appealing his manslaughter conviction and lawyers argued the case for two hours before the B.C. Court of Appeal last week. The appellate court has reserved its decision.
Snelson was sentenced to 11 years in prison on top of the two years he spent in pre-trial custody in 2011. He argues the jury that found him guilty should not have heard the videotaped statement he gave to police a day after his arrest in 2009 for the 1993 murder.
In the interview, he refused to say anything about Jennifer's murder but at no point said police had arrested the wrong man. The officer and Snelson's wife Brandie encouraged him to clear his conscience. Instead, Snelson referred numerous times to his lawyer's advice to not answer questions.
"Is it your intention to plead guilty then?" the officer asked.
"I haven't made that decision yet. I've got to talk to my lawyer about what, what I want to do," Snelson said.
Later in the interview, he got emotional when Brandie told him how his four young children reacted to his arrest. When the officer told him "it has to end," Snelson responded: "Aw, it's ended. This is the start of the end, isn't it?"
Snelson's trial lawyer Wade Jenson argued against allowing the statement, saying police breached Snelson's Charter right to remain silent after his arrest. He questioned whether Snelson was warned properly that anything he said would be used as evidence.
Alison Beames, a B.C. Supreme Court judge for 15 years, ruled police did not breach Snelson's rights.
Lawyer Jeffrey Ray, who led the appeal, couldn't be reached for comment Monday.
Snelson, 47, testified he had consensual sex with a woman he didn't know at a Kelowna house party in October, 1993. The Crown said he abducted Jennifer, 19, as she walked home from the party then choked, raped and clubbed her to death before dumping her body in a swamp.
Beames ruled the killing was a near murder. She rejected Snelson's version of what happened and said he lied.
The appeals court is expected to rule in the coming months. If the judges agree, Snelson would face a new trial in a different city.