A Rankin Inlet man who has been tried twice and convicted twice for killing his girlfriend will ask the Nunavut Court of Appeal for a third trial in a hearing scheduled for May 10.
Adrian van Eindhoven was first convicted of second-degree murder in 2007 in the slaying of Leanne Irkotee, 22.
Irkotee died of a stab wound to the heart in 2004 after a night of drinking with her common law partner.
Van Eindhoven appealed the conviction and was granted a new trial. He was convicted again on the charge by a jury in 2013.
In this appeal, lawyers for van Eindhoven argue the Crown's case was inflammatory and prejudicial including referring to van Eindhoven's conduct as "savage."
They also argue the judge provided the jury with incomplete instructions of the defence of intoxication and how to weigh actions by van Eindhoven following his arrest.
They also argue the judge provided erroneous instructions on how to treat a fragment of a statement by the accused to his brother. A police officer and a secretary at the Rankin Inlet RCMP detachment testified that following van Eindhoven's arrest in 2004, they overheard him tell his brother he killed Irkotee.
A secretary also testified hearing van Eindhoven say to his brother over the phone "My baby is dead. I've killed her."
Lawyers argue the statement was partially overheard and decontextualized, and therefore inadmissible.
First conviction overturned
After Van Eindhoven was first convicted of second-degree murder in January 2007, he appealed the decision, his lawyers arguing the trial judge allowed the Crown to submit evidence that was prejudicial.
The Crown had entered a questionnaire van Eindhoven completed during a spousal abuse program in 2003. Van Eindhoven's lawyer argued the questionnaire did more to damage his character than it did to prove guilt.
The Nunavut Court of Appeal ordered a new trial.
After he was found guilty in his second trial, he was sentenced in December 2013 to life in prison with eligibility for parole after 13 years. He was given credit for time served and could be eligible for parole in 2017.