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Seventeen-year delay in pursuing appeal shows lack of due diligence.
The appellant sought to challenge the dismissal of his appeal from convictions under the Highway Traffic Act after failing to pursue the appeal for many years.
He argued that the delay resulted from the court’s failure to produce a transcript he claimed to have ordered when filing his notice of appeal.
The appellate court accepted for purposes of the appeal that the transcript may have been ordered but held that the appellant nevertheless bore the responsibility to pursue the appeal with due diligence.
A delay of approximately 17 years without steps to follow up on the transcript did not meet the due diligence requirement.
The court found no error in the appeal judge’s decision dismissing the appeal.
