Ruthowsky says his trial was unfair because he once dated investigating officer's wife

Convicted Hamilton police officer Craig Ruthowsky is alleging he had an unfair trial because a lead investigator on his case is married to a woman he once dated.

Ruthowsky's lawyers are now planning to call for a stay of proceedings, which is an order preventingeither temporarily or permanently any further action on a prosecution.

This comes just after the veteran Hamilton police officer was convicted on charges of bribery, obstruction of justice, breach of trust and cocaine trafficking in Superior Court in Toronto last week.

The jury also found Ruthowsky, 44, not guilty on a charge of conspiracy to traffic marijuana.

The crux of this legal challenge centres on one of the lead investigators on Ruthowsky's case Sgt. Ben Thibodeau of Hamilton police.

According to court documents, Thibodeau's wife was in a relationship with Ruthowsky several years ago, before the two split up. She then later married Thibodeau.

"It is not clear on the record of any disclosure provided to [Ruthowsky] that Sergeant Thibodeau disclosed the nature of their previous history together to any of the other individuals involved in [Ruthowsky's] matter, including Hamilton Police Service upper management," court documents from Ruthowsky's lawyer Greg Lafontaine read.

Hamilton police would not comment on Ruthowsky's allegations, or answer questions about if management knew about a potential conflict of interest.

Ruthowsky'spast relationship withThibodeau's wife wasn't a secret during the trial. Ruthowsky himself brought it up when he testified.

The documents say that at some point, "it became known by rumour" in Ruthowsky's unit that he had previously dated Thibodeau's wife.

"Sergeant Thibodeau learned of this and informed [Ruthowsky] that he was not content with other police officers being aware of that fact," the documents say.

Ruthowsky's lawyer says that the "driving force of the investigation and prosecution" was an officer with whom Ruthowsky"had a storied past and cause to receive some degree of animus."

The motion will be heard in court on May 11. That's the same day Ruthowsky is scheduled to be sentenced.

Last week's verdict marked an end to the lengthy and intricate trial, which stretched into its seventh week during jury deliberations.

The trial featured testimony from a trio of drug dealers, and insight from police officers from jurisdictions like Hamilton and Toronto, testifying about police practices and their interactions with Ruthowsky.

As the trial unfolded, the jury was taken into Ruthowsky's world one where he was taking illicit payoffs, making deals, and subverting police practices for his own gain.

He was arrested after being caught on police wiretaps as part of a massive Toronto police guns and gangs investigation called "Project Pharaoh."

The jury found he was part of a "pay for protection" scheme with a crew of drug dealers in exchange for tips on police investigations.

The Crown says it is seeking time in a penitentiary as part of Ruthowsky's sentence.

adam.carter@cbc.ca