12/21/2011 12:58 EST | Updated 02/20/2012 05:12 EST

Paxton judge refuses CBC request for interrogation tape

A Calgary judge has refused a request from the CBC for access to video of the police interrogation of Dustin Paxton, who was tried for allegedly torturing his roommate.

Court of Queen’s Bench Justice Sheilah Martin said it is not appropriate to release the videotaped interview between Paxton, 31, and a detective while the court is trying to determine whether he has received a fair trial.

Paxton was tried this fall on charges of sexual assault, aggravated assault and forcible confinement. He is accused of abusing his roommate and business partner over 18 months, starting in October 2008 in Calgary and Regina.

Testimony was heard over about two months during the fall, but a verdict has not been delivered.

Arguing that Paxton did not get a fair trial, defence lawyers applied for a stay of proceedings. If Martin grants a stay, the charges against Paxton would be discontinued.

She is set to decide the matter on Jan. 30.

At that time the judge will also reconsider whether to allow the release of the interrogation video.