The case involves Brian Douglas Louie, convicted last year, in connection with a violent attack on a women on the reservation at Oliver.

An application for a mistrial  was aired Monday in a Penticton court room.

Micah Rankin, a lawyer from Kamloops, said the grounds for a mistrial in the Brian Douglas Louie case were based on a conflict of interest regarding his client’s previous  lawyer James Pennington.

According to Rankin, the conflict of interest was that Pennington cross-examined a former client on the witness stand and did so in a friendly manner, even saying ‘nice seeing you’, and that the witness ‘looked good’.

Crown counsel John Swanson said Louie only indicated he was unhappy with his lawyer following his conviction not before.

Louie was found guilty December 13 last of violently assaulting a woman on the OIB reserve in May of 2012. A ban of publication of her name continues.

The hearing on the application will be reviewed again November 27th according to court records.

With files from Castanet