Brian Louie conviction upheld

Photo: Deborah Pfeiffer

Brian Douglas Louie at previous court appearance

The B.C. Court of Appeal has dismissed an appeal by a South Okanagan man convicted of a violent assault against a female acquaintance.

The judgement in the Brian Douglas Louie case was released today Tuesday by a three-judge panel.

The offences occurred early May 20, 2012, following a night of alcohol and cocaine. The woman asked him for oral sex, and while doing so he mutilated her genitals. When she screamed for help, he threw her down, beat her and dragged her down a flight of stairs. Others in the house came to her assistance and called police while Louie fled the scene.

He eventually ended up at the nearby home of an acquaintance.

Louie, a member of the Osoyoos Indian Band, was found guilty of aggravated sexual assault and assault causing bodily harm, at the end of his December 2012 trial. He was sentenced to five years in January 2014, but with enhanced credit was only expected to remain behind bars for less than three years.

Judge Meg Shaw handed down the sentence after reviewing the circumstances of the case.

Louie appealed his convictions on the basis trial counsel's previous representation of a Crown witness created a conflict of interest and that the trial judge erred by declining to grant a mistrial. He argued that where a mistrial is sought to remedy a conflict of interest after conviction but before sentencing, the test to be applied is the same as that applicable at trial, and that the judge erred by applying the test used on appeal.

The appeal was dismissed on the basis the trial judge properly applied the test used on appeal and no miscarriage of justice occurred.

There was also nothing to support the view that trial counsel's prior relationship with the witness resulted in a conflict of interest that had a prejudicial impact on his representation of the appellant, or affected the reliability of the judge's verdict or fairness of the trial.