Penticton

A retired Mountie accused of second-degree murder in Penticton last year is now seeking a preliminary inquiry before his trial begins.

Defence counsel for Keith Gregory Wiens, accused of killing his common-law partner, Lynn Kalmring , in the couple’s Penticton home on Aug. 16, 2011, seeks to quash the accused’s current indictment charge and send it back BC Provincial Court so Wiens can elect for a preliminary inquiry.

A preliminary inquiry, a trial within a trial, is used to determine the admissibility of evidence and witnesses before trial.

Wiens’ former lawyer, Dan Skogstad, did not satisfy the court’s requirement for “clear or unequivocal” intent from the accused in waiving his right to a preliminary inquiry, current defence lawyer Ian McKay told a BC Supreme Court in Kelowna Friday.

Skogstad waived going to a preliminary hearing last October.

Crown counsel argued that Wiens’ silence at the time on whether to request a preliminary hearing was sufficient enough for the court.

“You will only have a preliminary inquiry if you or the prosecution request one,” said Crown prosecutor Colin Forsythe.

A Justice will hear evidence from both sides in BC Supreme Court in Penticton Nov. 2 before a decision will be made. Court dates in Kelowna were unavailable.

In April, Wiens was granted a change of venue for his trial, originally scheduled to be held in Penticton in June.

Wiens, who appeared in court Friday with long grey hair and a beard, returned to custody at Kamloops Regional Correctional Centre Friday. He had been released on bail shortly after the murder but was arrested in January for violating bail conditions.