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Jody Illingworth, brother of Christina Mae Eisnor, said the constant court proceedings have been a waste of time. (CBC)

The family of a woman shot and killed nearly two years ago say they are frustrated that the accused husband was back in Bridgewater provincial court Wednesday to determine if he is fit to stand trial.

On Wednesday, Const. Terry Vinnedge testified that Wayne Paul Eisnor's estranged wife, Tina Mae Eisnor, was shot twice in her car outside a New Germany grocery store in June 2010.

Wayne Eisnor was found on the ground with a .22-calibre rifle under his body, Vinnedge testified.

Another officer asked Eisnor to squeeze his hand if he understood he was going to be charged with attempted murder and he squeezed his hand, Vinnedge said.

Roger Burrill, Eisnor's lawyer, is challenging an earlier ruling that his client is fit for trial.

Eisnor suffered significant brain damage from a self-inflicted gunshot after Tina Eisnor was shot in the head while she sat in a van.

Initially, he was found not fit to stand trial. Last July, Nova Scotia Criminal Code Review Board found his cognitive abilities had improved enough to participate in a trial.

Family frustration

Tina Eisnor's family say the last 20 months have been hard on them.

Jody Illingworth, the victim's brother, said the court dealings have been a waste of time.

"There's no closure, because every time you turn around there setting a date for two years down the road, or a year down the road, or three months down the road, and when that time comes, he's not feeling good or they haven't got a vehicle to bring him here," said Illingworth.

Devan Illingworth, Eisnor's son, said he's experienced mixed emotions seeing his father in court.

"I'm happy that it's in court, like I said. It's hard to see my father. Listening to the defence is somewhat annoying because they do make strong arguments," he said.

Dr. Aileen Brunet, a forensic psychiatrist, testified Monday that Eisnor had broken a number of rules at the East Coast Forensic Hospital, including having sexual contact with female patients.

"Touching women and talking to women, well that was Wayne right from the start," Illingworth said.

"That's just him, that's just another feature that shows he's just playing the system."

Brunet also stated staff at the hospital had doubted Eisnor's claims of amnesia but she admitted he is suffering ongoing cognitive impairment from his brain injury.

During cross-examination, Burrill said Eisnor continues to have attention problems and is easily distracted and often drifts off.

More witnesses are expected to be called to the stand when the case continues Friday.