The second sexual assault trial of former Windsor Spitfire Ben Johnson started on Monday.
Johnson pleaded not guilty to charges that go back to March 18, 2013.
Even though the trial just started, it may soon come to an end.
Johnson's lawyer Pat Ducharme made a motion for a mistrial.
In his arguments, Ducharme said he does not believe his client can get a fair trial, specifically because of the actions of the judge overseeing the case.
Johnson, who was 18 years old at the time, was arrested and charged after a 16-year-old told police she was allegedly sexually assaulted in the woman's washroom at a downtown night club.
On Sept 3, 2015 Justice Kirk Monroe was asked to give a court order for a defence lawyer John Liddle to be appointed to complainant, who had been refused legal aid.
Ducharme is arguing that the proper procedure was not followed and that the protocol should be to appeal that decision.
He says that he and Johnson should have been present for that decision.
Monroe pointed out that Evan Weber, a lawyer from Durcharme’s office, was present and signed the order.
But Ducharme argued that Weber is not Johnson's lawyer in this case and he did not know what he was signing.
Ducharme claims in his words that his client's "right to be present'" was violated and "fairness and the appearance of fairness" has been tarnished.
He says it appears as if the complainant's lawyer is being paid for by the government, but Johnson's is not.
Once Monroe realized that the defence was asking he recuse himself from the case, he told Ducharme that he needed to submit it in writing and adjourned for the day.
It's expected this motion for a mistrial will be decided on Tuesday.
