After three months of testimony, the murder trial of Norman LaRue could have ended before it was ever sent to the jury.

Following the testimony of one of the final witnesses in the Crown's case against LaRue, his defence lawyer, Ray Dieno, argued the judge should order a mistrial after a mistake by the prosecutors.

The arguments took place outside the presence of the jury, so were therefore covered under a publication ban until the 12 jurors were sequestered Tuesday afternoon.

In late June, during the testimony of an undercover RCMP officer portraying a hitman for a powerful criminal organization, the jury heard a recording of the officer and LaRue during what was described as a job interview of sorts.

At the time, LaRue is under the impression he may get a chance to work with the hitman as part of a powerful criminal organization.

While listening to the recording, the jury was also provided with a written transcript. During one part of the conversation, the transcript did not match the recording.

The four written lines, which were not included on the recording, have LaRue referencing a time when he "was ganged up there.”

Dieno was furious, arguing that any reference to his client's past gang affiliation was not to be mentioned during the trial.

After the mistake was pointed out, Dieno left the courtroom with a visibly upset LaRue and returned to make the mistrial application.

He called the conduct by the Crown "outrageous,” pointing out they knew how important it was to keep gang references out of the trial.

"In thinking about it, I think it's completely fatal,” he said at the time. "The horse is out of the barn.”

Justice Scott Brooker made an order that this type of evidence was not to be included and "whether they put one piece in or 20 pieces in, that's still in contravention of your order,” Dieno said.

Prosecutor David McWhinnie acknowledged there was a mistake made and apologized to the court.

But he called the idea that the mistake warranted a mistrial "extreme.”

He pointed out that all of the lawyers involved in the case had copies of the transcript and they all missed those words.

He argued that declaring a mistrial was not the only option. In the end, Brooker agreed.

A corrected transcript was provided for the jury. It is one of many the jurors had with them while they considered the verdict they delivered this morning.

Before each recording, Brooker reminded the group that it was the recording — and what they heard on it — that was evidence, not the transcripts that are provided.

LaRue was found guilty of first-degree murder in the 2008 death of Gordon Seybold.