A Regina lawyer is calling for a mistrial in the case of two Regina men convicted of manslaughter in the stabbing death of a man five years ago.
Outside a Regina bar in February 2008, Ronald Zerr, 25 and Ashton Lavallee, 24, got into a fight with three other men.
All three suffered knife wounds and one died.
Zerr and Lavallee testified at trial they were the victims of an unprovoked attack and were acting in self-defence.
At a sentencing hearing in Regina this morning, Zerr’s lawyer Bob Hrycan says the jury was not properly instructed on self-defence and that is why they returned guilty verdicts.
In the altercation Albert Lowenberger was stabbed fatally in the heart outside the King’s Head Tavern in Regina.
Last week, a jury found Zerr and Lavallee guilty of manslaughter in the death of Lowenberger and the two were also guilty of count of aggravated assault against Lowenberger’s twin brother Robert.
Court heard it was Zerr who fatally stabbed Lowenberger in the heart that night.
The Crown is seeking a sentence in excess of 12 years but the defence says eight years would be more appropriate.
The case has been adjourned until Thursday morning when Crown prosecutor Chris White will present arguments against a mistrial.