The BC Court of Appeals Aug. 13 assigned Sept. 17 as the date on which they will fix a date for the retrial of Timothy and Mathew Maybin.

As previously reported, the Maybins, and Steven (aka Buddha) Gains, all of Nanaimo, were charged and acquitted of manslaughter in the Oct. 21, 2006 beating death of Gabriolan Michael Brophy at the Grizzly B’ar in Nanaimo.

The bar has since been closed down.

Trial judge Justice J. A. Halfyard found that the Maybins assaulted Brophy for moving a ball on the pool table.  After Brophy collapsed onto the pool table, Gains also hit Brophy in the head, Halfyard said.

However Halfyard acquitted the three men, saying that although all three assaulted the victim, there was no way of knowing who delivered the blow or blows that killed Brophy.

Halfyard also found that because it could not be proven that the Maybins and Gains acted in concert, or that Timothy Maybin intentionally aided Gains in the assault, they could not be found guilty “as co-perpetrators in a joint assault”.

Crown Council appealed the acquittal.

At the Court of Appeals, two judges ruled the Maybin brothers should face a retrial, and one disagreed, giving the Maybins the right to appeal the retrial decision to the Supreme Court of Canada. The Supreme Court rejected their appeal this May, so a retrial will commence.