REGINA -- Lawyers for a former Canadian Football League linebacker charged with aggravated sexual assault want their client's trial delayed for a second time.

Trevis Smith was originally supposed to go to trial last April, but that was delayed when he parted ways with his first two lawyers after citing irreconcilable differences.

Smith, who last played for the Saskatchewan Roughriders, is HIV-positive and faces two counts of aggravated sexual assault relating to encounters he allegedly had with a woman in Regina and British Columbia. He's charged under a section of the Criminal Code used to prosecute individuals who have unprotected sex without informing their partners of their HIV status.

Yesterday, his new lawyers, based in Montreal, were in front of provincial court Judge Carol Snell via telephone asking that the trial be postponed again.

As well, one of the lawyers is currently working on a gang trial in Montreal that could end up conflicting with the Oct. 16 start date of the Smith trial.

"This is the second time it has been set for trial," prosecutor Bill Burge told Snell. "It's very sensitive for the participants involved, and getting geared up twice would cause the complainants a great deal of anguish."

Snell, who was sitting in for trial Judge Kenn Bellerose, said that only he can decided on an adjournment. But she warned Diorio that he and his colleagues should be ready to go Oct. 16.

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