Two Nanaimo brothers charged with manslaughter following a 2006 bar fight are back in court next week to fix a date for their re-trial.
Timothy and Matthew Maybin, as well as Buddha Gains, who worked as a bouncer in the now-closed Grizzly Bar, were found not guilty in 2008 of manslaughter in the death of Michael Brophy, 20 of Gabriola Island.
But the Crown appealed the acquittals and in 2010, a 2-1 B.C. Court of Appeal decision ordered a new trial for the Maybins while upholding the decision to acquit Gains.
The brothers appealed the decision to the Supreme Court of Canada and in May, Canada’s highest court upheld the B.C. Court of Appeal’s decision.
The two return to Supreme Court in Nanaimo Tuesday (Aug. 21) to fix a date for a new trial.