A subpoenaed witness was dismissed until a later date and everyone but Const. David Pompeo and his lawyers were asked to leave the courtroom Monday morning, the first day of the former North Cowichan/Duncan RCMP officer’s retrial in the 2009 shooting of unarmed William Arthur Gillespie in Chemainus.
The unexpected voir dire, a mini-hearing of sorts, was to deal with applications put forward by both the Crown and the defence that both agree could alter the course of the new trial.
The remainder of the day was spent tackling procedural work.
The judge’s decision on the voir dire submission wasn’t available until after press time Tuesday.
Pompeo was found guilty of aggravated assault in February 2013. 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 August 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 Josiah 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 QC, while defender Ravi Hira continues to represent Pompeo.
Justice Lisa Mrozinski is presiding.
The new trial is expected to wrap up in mid December.