A South Okanagan man who was found guilty of a gruesome sex assault is applying for a mistrial.
In February Crown counsel was prepared to proceed with sentencing of Brian Douglas Louie, but the court heard the Oliver man was in process of finding a new lawyer, having discharged the one who led him through the trial.
Louie, 34, was found guilty of aggravated sexual assault and assault causing bodily harm for an attack that took place on May 20, 2012 at a house on the Osoyoos Indian Band where he bit a woman’s genitals and beat her up. Louie defended the bite was an accident when he testified at trial.
On Monday, Louie applied for a mistrial on the grounds that there was a conflict of interest with his previous lawyer James Pennington. In the application he states that one of the witnesses cross-examined was a client of Pennington’s. Crown counsel argued that Louie only let it be known he was not pleased with his representation after he was found guilty. Louie still has not been sentenced in the matter, which is expected to return to court in September.