A Leamington man, found guilty of second degree murder, has filed an application to have a mistrial declared.

Andrew Cowan, 45, was to be sentenced Monday. Instead, his lawyer Patrick Ducharme, filed an application that claims his client was denied a fair trial for numerous reasons.

One of those reasons is an accusation of a close friendship between the Crown Attorney Tom Meehan and Justice Kelly Gorman, who presided over Cowan’s trial by jury.

Cowan was found guilty on Aug. 23 in the death of 53-year-old Edward Witt. He was killed after the truck he was in, driven by Cowan, struck a flower bed and became airborne before crashing into the second floor of a building in Oct 2012.

During the trial, Ducharme had argued the two men made a suicide pact while the crown said the crash was intentional and Witt was not suicidal.

In court documents obtained Monday by CTV News, Ducharme alleges the judge made several errors in law, and she failed to disclose a “close friendship” with Meehan.

The application for mistrial includes details of at least two occasions where Meehan and Gorman met without Ducharme or Cowan. It further alleges the pair met for drinks, with two other people, the night the jury reached its verdict.

Ducharme also alleges Meehan and Gorman then went to dinner alone

The document also states that the Crown Attorneys' office started an internal investigation on Aug 31 into “the potential impropriety between the lawyer and the judge.”

Ducharme also accuses Justice Gorman of “reasonable apprehension of bias” in a number of ways, including by not telling the jury they could consider manslaughter as a verdict, by allowing the jury to hear prejudicial evidence from a crown witness, by improperly allowing jury number 13 to be relieved from the trial and by denying a neuropsychologist to testify on Cowan's behalf

Ducharme will argue for a mistrial on Dec. 11.

He, along with Tom Meehan as well as officials from the Ministry of the Attorney General all declined to comment for this story.

Calls to Justice Kelly Gorman were not returned.