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A North Okanagan man awaiting trial on a second-degree murder charge has failed to have an earlier conviction overturned after a judge said the court wouldn't waste time and money on his conspiracy theories.

Jevon Daniel Smith had attempted to have a 17-month jail sentence for pointing a gun at his landlord overturned, but failed to initiate the appeal process at every chance that he had.

According to a July 11 B.C. Court of Appeal decision, Smith accused the judge, defence counsel and Crown counsel of acting together "in a manner that made him a scapegoat."

Smith was convicted and sentenced to 15 months jail for waving an imitation handgun at his landlord at close range in June 2021. With time already spent in custody, he had 98 days left to spend behind bars.

Not long after he was released Smith was charged with the second-degree murder of Dakota Samoleski in a shooting in Spallumcheen in September 2021. He remains in custody as his case makes its way through the courts.

According to the decision, Smith represented himself in court and now wants an order "rescinding" his conviction and sentence and granting him "significant" financial compensation for the earlier conviction.

Smith claims the judge misapprehended certain evidence, the police investigation was deficient, and he was deprived of an opportunity to make a full defence.

However, Smith blew his chance for an appeal hearing.

The decision says he firstly refused a lawyer, but then changed his mind but wouldn't tell the court who his appointed defence was.

On one occasion he launched into a "prolonged and profanity-laced tirade" at the judge while the court was trying to organize the proceedings for a possible appeal.

A month later he made further "disparaging remarks" about Crown counsel and the judge and said he didn't like being told to stop talking when it was his turn to talk.

On many occasions, he said he was the victim of a "corrupt justice system" and claimed he'd fired the lawyer appointed to him because they were a "professional cheat and liar."

The decision says Smith made no meaningful steps to advance his position.

After six months with no progression, the Court of Appeal accepted the Crown's application to dismiss Smith's case.

"(Smith) has not pursued these appeals with diligence," Justice Gregory Fitch said in the decision. "More importantly, I am satisfied that there is no realistic prospect he will take reasonable steps in the future to prosecute them."

The Justice goes on to say that Smith's refusal to accept the assistance that has been made available to him means his appeal has come to a standstill.

"It is not in the interests of justice to authorize the further expenditure of public funds on the fruitless pursuit of meritless allegations," the Justice said before dismissing his case.

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