Judge reserves decision in defence bid to reopen Hales trial

Accused killer Douglas Hales was back in a Saskatoon courtroom this morning.

His lawyer, Bob Hrycan, made a motion to call new evidence. He wants a psychologist to assess Hales' mental capacity.

It's the latest twist in a murder case that has been in the public eye since Saskatoon mother Daleen Bosse went missing in the spring of 2004.

Police posing as criminals got Hales to confess to killing Bosse and, in 2008, he led investigators to her body in a stand of trees north of the city. He was subsequently charged with first degree murder.

But the police tactic used, known as a Mr. Big Sting, came under fire from the Supreme Court this past summer. It ruled that, in a Newfoundland murder case, that officers had gone too far.

Hrycan saidthe principles in that ruling apply to the Hales case. To that end, he applied this morning to introduce an expert witness.

The Supreme Court ruling came in the middle of the Hales trialand Hrycan said at the time that it had profound implications on this case.

Bid called 'fishing expedition'

Hrycan argued that, in light of the ruling, the unique psychological makeup of the target of a Mr. Big sting must be considered. He said during the course of Hales' testimony earlier in the trial, it became apparent that he has a "significant cognitive issue" one that was not apparent earlier.

Crown Prosecutor Matthew Miazga called the defence motion a "fishing expedition,"and questioned why a psychological assessment was not done much earlier. He went on to say doing it now could prolong the trial for several more months.

Justice Gerald Allbrighthas reserved his decision. He said he intends to issue a written ruling early next week.

CBC's Kathy Fitzpatrick wastweeting live from court. Read her tweets below.