A man convicted in the triple murder at Calgary's Bolsa restaurant is going to apply for a mistrial.

An agent acting for Real Christian Honorio says the application will be based on a confession by a key Crown witness.

It was recently revealed the witness had confessed to all three killings in July, 2011.

It came after he had been pulled over by the RCMP in Saskatchewan for drinking and driving.

MM — as he was called — was given immunity from prosecution in exchange for his testimony.

Three people — including Honorio — have been convicted in connection with the gang-related homicides.