08/16/2013 12:44 EDT | Updated 10/16/2013 05:12 EDT

Amnesia defence won’t stop N.S. man’s murder trial

A Nova Scotia man who says he suffered amnesia after the fatal shooting of his estranged wife has been found fit to stand trial on a charge of first-degree murder.

Wayne Eisnor, of Barss Corner, is accused of shooting Tina Eisnor twice as she sat in her car near a grocery store in New Germany in June 2010.

Eisnor was found on the ground with a .22-calibre rifle under his body, and suffered significant brain damage from a self-inflicted gunshot. He has been charged with first-degree murder.

Eisnor's lawyer said his client can’t recall the six months leading up to the shooting, but the judge ruled amnesia alone isn't grounds enough to trigger a jury hearing to debate Eisnor's fitness.

This is the second time Eisner’s amnesia defence has been thrown out.

Initially, he was found not fit to stand trial.

In July 2011, the Nova Scotia Criminal Code Review Board found his cognitive abilities had improved enough to participate in a trial. It will proceed in early September.