Mohammad Khairi and Richard Litkowski

trial judge: If a fresh trial can't be ordered, Khairi lawyer is asking that the man period of parole ineligibility — currently set at 15 years after he was sentenced to life in prison — be lowered to 10 or 11 years, according to CBC. A jury deliberated for three days in 2012 before finding Khairi guilty of second-degree murder in the March 2008 death of his wife. The case of Peer Mohammad Khairi will be heard by Ontario highest court Wednesday, where his lawyer is expected to ask that a new trial be ordered for the father of six. "The appellant respectfully requests that the conviction be set aside," lawyer Richard Litkowski wrote in a factum submitted to the Court of Appeal. His lawyer now argues the trial judge erred by not declaring a mistrial after what was allegedly an "improper" opening statement from Crown prosecutors, whose effect was allegedly to prevent Khairi from receiving a fair trial. Crown wants appeal dismissed The trial judge then made errors in instructions to the jury on the evidence of a psychiatrist, the issue of the statutory defence of provocation and the jury ability to accept "some, none or all" of Khairi evidence, Litkowski claimed. The prosecution closing address was inflammatory, Khairi lawyer argued. (www.immigrantscanada.com). As reported in the news.