Lawyers for two Calgary police officers who were found guilty on corruption charges are now asking for the convictions to be overturned.

Bryan Morton, Brad McNish and Anthony Braile were found guilty following a trial in April. A sentencing hearing was supposed to take place on Tuesday for McNish and Morton.

Instead, their lawyers — Paul Brunnen and Jim Lutz — told Justice Bryan Mahoney that they, along with Braile's counsel, would be seeking a judicial stay of proceedings for a mistrial based on information recently disclosed to them by the prosecution, which they say should have been handed over before the trial.

"This is an extremely significant issue," said Brunnen, who represents McNish.

GPS placed on victim's car

Prosecutors Julie Snowdon and Leah Boyd disagreed with defence lawyers, telling the judge the post-trial disclosure contains no new information.

"The Crown does have a different view of the circumstances here," said Snowdon.

Morton, McNish and Braile — who all worked for a private investigator outside their jobs as police officers — were found to have participated in a two-year campaign targeting Akele Taylor, who was in a custody battle with her ex.

Taylor's former boyfriend hired the PI firm to dig up dirt on her. The victim testified she was terrorized for two years as people working for the company surveilled, stalked and harassed her, which included installing a GPS device on her car.

Friends of Taylor's were offered thousands of dollars in exchange for disclosing negative information about her.

In January, before the trial began, prosecutors and a police detective interviewed Taylor to prepare her for testifying. The defence lawyers allege the notes from that meeting should have been disclosed to them before trial and would have affected their cross-examination of the complainant and other witnesses.

'Not playing a game of go fish'

The notes were handed over in August "out of an abundance of caution" once the Crown realized there had been "a breakdown of our disclosure process unbeknownst to us," said Snowdon.

The prosecutor also told the judge that some of the responsibility for the disclosure rests on the defence, given they were told about the witness interview and never requested the notes.

"They were also not duly diligent," said Snowdon of the defence lawyers. "Surely if her witness prep notes were that important, they ought to have requested them when we told them about the interview."

Brunnen scoffed at the suggestion he should have made the request.

"We're not playing a game of go fish," said Brunnen.

Hearing in November

Snowdon and Boyd requested a hearing to have the mistrial or stay application dismissed outright before getting into in-depth arguments.

But Mahoney denied that request and instead booked a full-day hearing on Nov. 1, when lawyers will argue whether there was a breach of Morton, McNish and Braile's Charter rights to make full answer and defence based on the late disclosure.

All three men were found guilty of unauthorized use of a computer system relating to the officers being paid to do searches on internal Calgary Police Service databases (CPIC and PIMS).

Braile and Morton were convicted of bribery and harassment.

And Morton and McNish also faced convictions on charges of breach of trust.

If the defence's application is unsuccessful, the lawyers will then re-book a date for a sentencing hearing.

Morton and McNish are suspended from CPS without pay. Braile was fired for unrelated circumstances.

Three other people charged in connection with the harassment of Akele Taylor go on trial before a jury on Monday.