October 10, 2013 - 2:08 PM
PENTICTON - A convicted sex offender who bit off his girlfriend's labia was hopping mad when the judge ruled his previous trial was a fair one and there'll be no mistrial.
When Judge Meg Shaw told Brian Douglas Louie who appeared in Penticton provincial court via video today, his convictions will stick, he jumped from his seat and threw his fists into the air.
"It was a minute long!" he shouted. He was referring to the span of time taken to sexually assault and beat his victim, which included biting her labia and the severing of an artery in her vagina, the Penticton Western News reported. The woman underwent surgery to repair the artery, had multiple contusions to her head and a cut in her eyebrow. These events happened in May 2011 at an Oliver residence.
Louie was trying to find flaws in the trial that saw him convicted of aggravated sexual assault and assault causing bodily harm. The span of time was brought up in an attempt to stay the assault charge.
His defense lawyer argued the two attacks were not separate acts but one continuous act and therefore the assault causing bodily harm should be stayed.
The judge disagreed. Shaw said after the sexual assault Louie went to the home's kitchen, struck the victim in the face, kicked her and dragged her down a short flight of stairs.
"The two assaults are separate and distinct," Shaw said.
Louie also accused a former defense lawyer in his trial, James Pennington, of a conflict of interest. Shaw also rejected this claim. During Louie's trial Pennington spoke to a witness who was a former client of his. The defense counsel acknowledged this to the court room at the time and it was deemed OK by the Crown.
Louie is currently in custody on remand and will be sentenced at a later date. His victim was present in court today but she declined to speak.
To contact a reporter for this story, to send photos or videos, email Shannon Quesnel at firstname.lastname@example.org, call 250-488-3065, tweet @shannonquesnel1 or @InfoNewsPentict
News from © InfoTel News Ltd, 2013