Judge Josiah Wood will either be hearing more constitutional arguments or proceeding with sentencing Sept. 3 in Duncan Provincial Court in the case of Const. David Pompeo, convicted with aggravated assault for shooting Bill Gillespie in 2009.
A hearing was held in Colwood Wednesday where the defence, represented by Sarah Conroy in the absence of Ravi Hira, presented a constitutional challenge regarding the Crown's behaviour on changing sentencing recommendations for Pompeo.
The defence said the Crown, now represented in the case by Carmen Rogers, acted inappropriately and therefore breached Pompeo's right to a fair trial.
The Crown said it was not obligated to share anything. Sentencing guidelines between the parties started at six months in jail plus a $15,000 fine to two years less a day in jail for Pompeo.
Sentencing did not take place July 23 as originally scheduled so, in essence, there was no fault that needed remedy according to the Crown.
Crown also argued in the end it's Judge Wood's decision anyway and the two parties could only make recommendations.
Judge Wood will have to decide if the issue rises to the level of a constitutional challenge. He will be notifying the parties before Sept. 3 of his decision and then will either hear more evidence why the Crown changed its mind or proceed with sentencing.
Sept. 18 and 19 appeal dates for Pompeo's conviction are also looming.