Two applications in an Oliver assault case were denied in court Thursday.

1. A request in the Brian Douglas Louie case to reopen the trial in order to declare a mistrial was first heard in July in a Penticton courtroom.

Louie, 35, was found guilty of aggravated sexual assault and assault causing bodily harm last December. The application was based on a suggested conflict of interest, he and his lawyer Micah Rankin, claimed stemmed from the trial.

The alleged conflict being that Louie’s then lawyer James Pennington cross-examined a former client, Greg Baptiste, on the witness stand and did so in a friendly manner. The situation so concerned Louie that he said he would not have let Pennington defend him, if he had known his lawyer had represented a court witness previously.

Judge Meg Shaw said Pennington represented Baptiste six years ago on an entirely unrelated drug charge and there was full disclosure in court of the situation and the crown and the accused did not object

2. Shaw also denied an application for a “stay of proceedings” on the assault causing bodily harm conviction.

The basis for the request by the defense being that there was only one wrongful act over a short timespan.

Crown counsel John Swanson argued, however, that the two counts were separate incidents committed at different times. Judge Shaw agreed stating she found the incidents to be separate and distinct.

Louie, who appeared by video from Kamloops Regional Correctional Centre, reacted angrily to the decisions.

He stood up in the small space he was in and said “It was a minute long, the whole time, it was all BS.”

The assault in question took place at a OIB residence in May of 2012. During the trial, witnesses stated that the victim’s injuries, if not dealt with quickly, could have led to a death.

Louie testified during the trial, he was not the villain everyone was making him out to be.

With files from Deborah Pfeiffer Castanet