It may be an unprecedented case of legal tenacity.
The Crown is moving ahead with latest attempt to put Robert Badgerow on trial for the 1981 murder of Diane Werendowicz for a fourth time.
Crown Lawyers, at the Court of Appeals, have argued that a trial judge’s errors interfered with the community’s right to a fair trial.
If the appeal is successful, it will be the first time that the Crown has been allowed four attempts to convict an accused murderer.
Badgerow was charged in the rape and murder of Werendowicz in 1998 and his first trial ended in a conviction that was overturned seven years later.
Two subsequent trials have ended with hung juries.
Last year, a judge stayed the murder charge against Badgerow rather than begin a fourth trial.
It’s that decision that the Crown is seeking to overturn.
The panel of three judges has reserved its decision.