Hay River (Mar 13/06) - Crown prosecutors intend to hold a new trial for a Hay River man whose manslaughter conviction was set aside on appeal earlier this year.

"We intend on proceeding to a retrial," said Louise Charbonneau, director of the federal prosecutions service for the NWT.

The case involves Pavel Bruha. He and another man, Craig Stromberg, were convicted in 2003 in connection with the 2002 beating death of 50-year-old Yves (Frenchie) Lebel of Hay River.

"This does not surprise me at all," said Hugh Latimer, Bruha's lawyer.

The NWT Court of Appeal ordered a new trial in January, after after Latimer challenged the Crown's cross-examination of Bruha about his criminal record, which included five offenses for which he had been pardoned.

Charbonneau said she doesn't expect the trial will take place before the summer.

Bruha, 54, was sentenced to five years imprisonment, but was released on bail in November 2004 pending the appeal.

Charbonneau handled the appeal, but the new trial has been assigned to Steven Hinkley. Latimer said he may bring an application under the Canadian Charter of Rights and Freedoms seeking a stay in the proceedings before the new trial begins. He said that's because of the RCMP's oversight in failing to disclose the pardons to either the Crown or the defence.

He may also seek a change of venue for the trial - in Yellowknife or some other location.

Stromberg, pleaded guilty to manslaughter in connection with Lebel's death and was sentenced to four years. Both men were accused of attacking Lebel in his room at the Cedar Rest Motel because of suspicions the victim was having an affair with Bruha's wife.