Dartmouth businessman's new trial on sex assault charges delayed by a year
Michael Raymond Kobylanski's trial will now happen in October 2018
The second trial of a man charged with a violent sexual assault on a teenage girl will be delayed by a year because of a scheduling conflict his lawyer has.
Michael Raymond Kobylanski originally went to trial in March on eight charges, including sexual assault and sexual assault with a weapon. However, the jury deadlocked on the most serious charges, and only convicted him on a charge of assault. He was sentenced to 20 months in jail, followed by three years probation. He was acquitted on a charge of choking.
Kobylanski was supposed to go to trial on the remaining charges in November. However, he parted company with his original lawyer.
On Thursday, his new lawyer, Jonathan Hughes, appeared in Nova Scotia Supreme Court to say he had a scheduling conflict with the November dates.
"It might be in his better interest to seek another counsel," Hughes told the court.
Kobylanski, who appeared by video link from jail, was doubtful.
"I don't even know how likely it will be to find counsel," he said.
Court clerks then started looking for dates when Hughes would be available. They initially offered dates in November 2019 before finding a three-week block of time in October 2018.
Next month, Kobylanski returns to court for a bail review. The Dartmouth businessman, who is in his early 40s, has been held in custody since his arrest in 2015.
The alleged offences happened in 2014 and 2015 and involved an employee who was 17 at the time.
CBC News is not identifying the business out of concern it may identify the complainant.
At his original trial, the complainant testified her relationship with Kobylanski turned violent and he wrapped her in a vapour barrier, tied a belt around her neck, sexually assaulted her with a hammer and threatened to kill her.
Kobylanski denied that sexual favours were part of the job's requirements and denied he assaulted the girl.
Kobylanski was convicted of a violent sexual assault against another teenage girl in Ontario in 1995. He served almost all of his 12-year sentence on that charge.