Originally scheduled for 14 days, the re-trial of former North Cowichan/Duncan Mountie Const. David Pompeo has been extended into the New Year.
Four additional days have been added and Courtroom 1 at the Duncan Law Courts has been booked between Feb. 1 through Feb. 4, according to the court registry.
Pompeo was convicted in February 2013 of aggravated assault in the shooting of William Arthur Gillespie during a traffic stop in September 2009. He was sentenced in December of that year to two years probation and 240 hours of community service. The Crown had been seeking two years in jail.
A civil suit, has also been settled since the conclusion of the first trial.
In Aug. 2014, Pompeo won an appeal for a new trial.
Justice Harvey M. Groberman, Chief Justice Robert James Bauman and Justice Nicole J. Garson, concluded that Judge Wood erred in excluding the evidence of an expert witness who said the use of lethal force was in accordance with police protocols and training and so the shooting was necessary.
The appeal court also found that Judge Wood “went beyond his proper role when he made requests that evidence be tendered and when he engaged in lengthy questioning of witnesses.”
Representing the Crown during the new trial is Oleh S. Kuzma while defender Ravi Hira continues to represent Pompeo.
Justice Lisa Mrozinski is presiding.