One of the men convicted in the brutal swarming death of Lukas Strasser-Hird has once again applied for bail pending appeal.
In June, a Calgary jury found Assmar Shlah guilty of second-degree murder in the death of the 18-year-old.
Strasser-Hird was kicked, beaten and stabbed to death outside of Vinyl nightclub in November, 2013.
Last month, Justice Brian O’Ferrall denied his first request for bail since he was convicted.
“The applicant has not yet met the burden of establishing that his appeal is not frivolous or that his detention is not necessary in the public interest,” O’Ferrall wrote.
Watch below: Global’s coverage of the Lukas Strasser-Hird trial
But Wednesday, once again, Shlah’s defence went before O’Ferrall asking him to reconsider releasing his client.
”The appeal is meritory, not frivolous. He is entitled to release pending sentence,” defence lawyer Balfour Der said.
Shlah faces an automatic life sentence with no chance of parole for at least 10 years.
A sentencing hearing is scheduled for Oct. 14 but Der told O’Ferrall it will likely be delayed.
O’Ferrall delayed deciding on bail. He’s asked the defence to provide a transcript of Shlah’s testimony from the trial.
The crown also asked the defence to provide proof if Shlah would still be able to attend Mount Royal University this semester.
The victim’s father is frustrated Shlah can keep applying to be released.
“We’re here to support Lukas, and we’re not going to back down at all. We know he’s guilty and he’s exactly where he should be. We’re frustrated with the process… it’s a very difficult thing to have to deal with,” Dale Hird said.
“We’re still right in the thick of things,” Hird said. “The bail process, the appeals, it’s all going to come out again. The sentencing hasn’t happened yet, they’re going to appeal again, and we just hope citizens support us in our quest for justice and we want the maximum sentence of 25 years for these crimes.”
With files from Denis Ram