A possible third mistrial application from disgraced former Woodstock mayor Trevor Birtch, convicted of sexual assault, is still up in the air for now.

Birtch, 50, was back in a London courtroom by Zoom Wednesday, along with his new defence lawyer, Jordan Gold, to update Superior Court Justice Spencer Nicholson on whether he plans to seek a mistrial before his upcoming sentencing.

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Gold hinted at Birtch’s last court appearance in September that he was considering such a move. He told Nicholson Wednesday that since being retained a couple of months ago, he has reviewed the case files from Birtch’s former lawyer, James Battin, who was forced off Birtch’s cases earlier this year after being disbarred by the Law Society of Ontario.

Gold said he is still missing a c

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