The murder conspiracy retrial for Curtis Vey and Angela Nicholson has been delayed as a judge considers whether to allow an iPod recording to be admitted as evidence.

Last month, defence lawyers Aaron Fox and Ron Piché argued the recording shouldn’t have been seized by police without a warrant, stating their clients had a “reasonable expectation of privacy.”

The police, according to the defence, breached the charter rights of the accused by taking the item.

The Crown described the recording as the crux of its case. It contains a July 2013 conversation between Vey and Nicholson in which the pair discuss killing their spouses.

The judge reserved her decision. On Thursday, a Prince Albert court official confirmed a ruling on the recording’s admissibility is expected next week.

The trial was set to begin on May 21 but has been pushed back to May 27.

Vey and Nicholson each face two counts of conspiracy to commit murder over an alleged plan to kill Brigitte Vey and Jim Taylor.

Brigitte Vey concealed the iPod in her family home, suspecting to record audio revealing her husband was having an affair. When she heard the alleged plot, she brought the item to police.

Curtis Vey and Nicholson were convicted in June 2016 and sentenced to three years in prison. Their lawyers appealed, and Vey and Nicholson were released while their appeal was heard.

Saskatchewan’s Court of Appeal overturned the decision last year and a new trial was ordered.

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