Defence for Rod Flavell have filed to dismiss his manslaughter charge. His wife Tina Seminara died in April 2020. (File photo)

Defence for Rod Flavell have filed to dismiss his manslaughter charge. His wife Tina Seminara died in April 2020. (File photo)

Manslaughter trial against Osoyoos man to proceed; judge rejects defence’s appeal to dismiss

The application to dismiss the charges against Roderick Flavell was rejected by the Justice

In a “a close call” decision, a B.C. judge has ruled there is enough evidence to continue the manslaughter trial for Roderick Flavell over his wife’s death.

The defence for the Osoyoos Man had filed to dismiss the case over a lack of evidence on Thursday, June 23.

On Friday, the court heard arguments from defence and Crown before the application was rejected by presiding Supreme Court Justice David Crossin.

In April 2020, Flavell showed up at the Osoyoos police department and directed officers to his home, where his wife Tina Seminara was found unresponsive. She was taken to the hospital and died without returning to consciousness.

According to the Supreme Court Justice, there was enough evidence presented by the Crown to satisfy the legal test for determining whether a case could proceed to decide guilty or non-guilty.

Crossin added that there was evidence of a “major row” between Flavell and Seminara, and an exchange in their home that could lead to the conclusion that Flavell admitted to hitting his wife.

READ MORE: Defence files to dismiss Osoyoos man’s manslaughter charge

Drossin noted in his closing comments that defence’s argument that there was not enough evidence to prove blunt force trauma was responsible for Seminara’s death was not enough to dismiss the case outright. Instead, it would be an argument to be weighed during deliberation.

The trial of Roderick Flavell is set to continue on Monday morning, June 27.

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BC Supreme CourtManslaughter Trial