A separate trial was held before the same judge who presided over the jury trial on a single count indictment which alleged that at the time of the offences which proceeded before the jury, Ellis was prohibited by a firearms prohibition under section 109 of the Code.
The trial proceeded in a somewhat unusual fashion. All of the evidence led before the jury applied to the trial on the sole count of the prohibition breach. Furthermore, it was agreed that the jury’s verdicts in relation to the Ellis’ possession of the firearm was binding. Lastly a number of documents were filed including the prohibition.