Yellowknife (Aug 14/06) - The lawyer for a Hay River man facing a second trial on the same manslaughter charge has asked the NWT Supreme Court to stay the proceedings.

Hugh Latimer, who represents Pavel (Paul) Bruha, filed a motion with the court late last week based on the Canadian Charter of Rights and Freedoms and the due process clause of the Canadian Bill of Rights.

Bruha was convicted in 2003 in connection with the 2002 beating death of 50-year-old Yves (Frenchie) Lebel.

Bruha, 56, was sentenced to five years imprisonment, but was released on bail in November 2004 pending an appeal.

The conviction was set aside in January of this year by the NWT Court of Appeal and a new trial was ordered.

In last week's motion, Latimer alleges the Crown was guilty of "gross misconduct" during Bruha's original trial.

The issue centres on Bruha's criminal record, including five offenses for which he had been pardoned. The RCMP were aware of the pardons, but did not disclosed the information to the Crown or the defence.

The Crown cross-examined Bruha about the record, including the pardoned offenses, during his trial.

"That can't help but be a factor in the jury's consideration," Latimer said.

The lawyer added the Supreme Court will be asked to issue a stay in the proceedings against Bruha. "He's already served 14 or 15 months before he was released on bail."

Steven Hinkley, a Crown co-counsel for the upcoming trial, said he had not seen the defence motion as of late last week.

Hinkley, who was not involved with the original trial, added the Crown would make no public comment until it gives its views before a judge.

The last three weeks of November have been set aside for the retrial in Hay River.

However, Latimer said he may request a change of venue to Yellowknife or another community.

Bruha and another man, Craig Stromberg, 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. Stromberg pleaded guilty to manslaughter and was sentenced to four years imprisonment.