WATCH: Kelowna convict tries to take the blame for his alleged crime partner

KELOWNA – If the career criminal in the witness stand can be believed, the wrong man is on trial in Kelowna accused of five counts of attempted murder.

Michael Edward Ellis is accused of shooting at police and a civilian during a lengthy, high speed pursuit on Westside Road in July 2012.

But Ellis’s partner in crime that day says it was him, not Ellis, who was doing the shooting.

READ MORE: Witness at Kelowna trial relives the day he was shot at several times

“I just opened up on him (police officer). I leaned out the window and clicked off four or five shots at him,” testified Shawn Adam Wysinski.

Wysinski told the judge he never saw Ellis with a gun during the entire 80 kilometre pursuit.

But the prosecutor says that testimony contradicts what Wysinski agreed to in a Statement of Facts entered as evidence at an earlier hearing when Wysinski was sentenced to nine years imprisonment for hijacking vehicles during the chase.

READ MORE: Guilty pleas in wild Westside Road police shootout

It reads: “The male with the gun occupied the driver’s seat while the other male, Mr. Wysinski, occupied the passenger seat.”

The prosecutor pointing out: “That seems to be different from your evidence this morning with respect to who had a gun.” Wysinski replied: “I had the gun. I did not know if Mr. Ellis had a gun.”

And in an attack on Wysinksi’s credibility, the prosecutor noted he had a 76 conviction criminal record before his car-jacking convictions.

Even though Wysinski admits under oath to shooting at people he can’t be charged for those crimes.  That’s because unless it’s perjury, under the Canadian Charter of Rights and the Evidence Act Wysinski’s statements in this trial can’t be used against him in another court proceeding.

The trial continues Friday.