Domkowsky, 21, and David Brownlee, 25, were convicted in Supreme Court Nov. 14 for the brutal beating and robbery of a British Columbia trucker at the Gallery Pub last December.

Appearing before Justice John Vertes on Nov. 28 at a bail hearing, defence lawyer Kelly Payne argued Domkowsky was not given the benefit of presumed innocence by the trial judge, senior Supreme Court Justice Ted Richard.

In her submission, she said Richard gave more weight to the testimony of the victim, who was grossly intoxicated the night of the attack, than to the sworn testimony of a sober bartender.

Evidence given at the trial by the bartender on duty the night of the attack revealed the victim was so drunk that he was refused further bar service.

The bartender also testified she saw the victim leave the bar, but did not see either of the accused individuals leave with him.

This evidence conflicted with the victim's testimony, who claimed he left the bar with Domkowsky and Brownlee, who he says were waiting for him near the door.

Payne also referred to the victim's initial description of the assailants to police, in which he said one of his attackers had reddish or blond curly hair. Both Domkowsky and Brownlee are aboriginal with dark hair.

Domkowsky was released pending an appeal to be heard in the NWT Court of Appeal. A date has not yet been set.