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An Alberta couple accused in their son’s death is asking for $4 million in legal costs be covered by the province as well as asking for their charges to be thrown out.

Collet and David Stephan were found guilty by a jury in 2016 of failing to provide the necessaries of life in 2012 to 18-month-old Ezekiel, who died of bacterial meningitis.

18 month-old Ezekiel Stephan. Prayers for Ezekiel Facebook page

Their trial heard that they treated the boy with homemade remedies such as garlic, onion and horseradish, rather than take him to a doctor. The Stephans eventually called 911 but the little boy died in hospital.

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READ MORE: Father says ‘no room for justice and truth’ after Alberta court upholds convictions in son’s meningitis death

The Stephans appealed their conviction and the Supreme Court of Canada ordered a new trial, after the Alberta Court of Appeal upheld the conviction.

A judge alone is scheduled to hear their case this summer.

READ MORE: Stephans choose judge alone for new Alberta trial into son’s meningitis death

On Friday, David Stephan is expected to represent the couple in a hearing at the Lethbridge courthouse.

The couple does not plan to apply for legal aid. Instead, they have filed an application to recover previous court costs of nearly $1 million, plus they want an additional $3 million put in trust to cover their expected court costs for their upcoming retrial.

The Stephans say they have liquidated their assets, are in debt to their previous lawyer and don’t have enough money to obtain the necessary assistance to receive a fair trial.

David Stephan and his wife Collet Stephan leave the courthouse on Tuesday, April 26, 2016 in Lethbridge, Alberta. THE CANADIAN PRESS/David Rossiter

The couple is also expected to tell the judge they are seeking a stay of proceedings, because they believe the Crown in the original case broke the law in sharing more than 700 pages of disclosure with the RCMP.

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They also allege prosecutorial misconduct, including suppressing evidence from the defense and witness tampering.

READ MORE: Defence says jury was overwhelmed in trial of Alberta parents convicted in son’s meningitis death

The Stephans used to live in southern Alberta, but later moved to Nelson, B.C. They are now in the Grande Prairie area of northern Alberta, from where they made last court appearance via CCTV on Dec. 6.

The Stephans are expected to make their arguments before Calgary Justice Beth Hughes via a video link.

Their four-week retrial is set to begin on June 3.

READ MORE: Timeline of Ezekiel Stephan’s final days, the Alberta boy who died of meningitis

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