In a rare move, Ontario’s attorney general has ordered a Toronto lawyer to stand trial for the first-degree murder of his husband despite a judge finding there was not enough evidence to proceed.

Last month, Ontario Court Justice Shaun Nakatsuru tossed out the charge against Demitry Papasotiriou following a preliminary hearing and he was released from custody.

In the same 72-page decision Papasotiriou’s co-accused Michael Ivezic, described by police as a “co-conspirator” and “business associate,” was committed to trial for the first-degree murder of Allan Lanteigne.

Lanteigne, a 49-year-old accounting clerk at the University of Toronto, was found apparently beaten to death on March 3, 2011 in the entryway of the Ossington Ave. home he shared with Papasotiriou.

The Crown initially indicated it would appeal the decision but this week Attorney General Madeleine Meilleur took the unusual step of bringing what is known as a preferred indictment against Papasotiriou.

“Under the Criminal Code, if a person is discharged at a preliminary hearing the attorney general can personally sign a preferred indictment to reinstate the charge in the Superior Court,” Papasotiriou’s lawyer James Lockyer said.

Papasotiriou was arrested on Wednesday evening and is now back in custody. Lockyer said he is considering whether there is a legal basis to quash the order.

“Normally they invite the defence to make representations to the Attorney General about why she shouldn’t prefer an indictment in a particular case,” Lockyer said. But Lockyer said he was only informed of the development after Papasotiriou was arrested.

Papasotiriou was in Switzerland studying for his doctorate in law at the time of the murder, police have said.