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A Calgary man who stabbed his neighbour to death in a gruesome attack wants Canada’s highest court to overturn his manslaughter conviction, but the victim’s parents say they want a new trial.

Nicholas Rasberry has admitted to killing Craig Kelloway of Glace Bay, N.S., in May 2013 and claims it was self defence.       

Craig’s mother, Monica Kelloway, says she’s fed up with the justice system and the Crown prosecutors in her son's case.

“The investigator for the whole thing said it was a miscarriage of justice,” she says. “They didn't even put him on the stand. They told him they didn't need him. I mean that's crazy talk, you need them.”

Craig Kelloway, 31, was stabbed 37 times by Rasberry as the result of a drunken get-together at his home in Alberta five years ago. Rasberry says Kelloway threatened to kill him and sexually assault his wife.

“He broke two knives off inside of him. He bent a big butcher knife, his bowel was hanging out, he had lungs, liver, intestine, you name it,” Kelloway says. “He got him in the jugular vein and everything, so where is Craig being the aggressor there?”

Rasberry's lawyer has filed an application asking permission to bring an appeal to Canada’s Supreme Court. His conviction was upheld by the Alberta Court of Appeal, which is now considering his sentence appeal.

“This is to keep him out of jail and to stretch it to a longer appeal system so that he serves his time while he's out,” Kelloway’s mother says. “He will never serve any time in jail.”

In the application, Rasberry's lawyer says his client did what was required to save himself and his wife from a would-be rapist.

Kelloway’s mother says the accusation doesn’t sit well with her.

“That is just a tactic, they never proved it in court, there's no evidence given that he was a rapist, it's all based on Rasberry's testimony, but he never got on the stand to be questioned,” she says.

Kelloway says her son's case is setting a dangerous precedent, saying it's already been used in other court cases as reference.

“You got two people in a room, no witnesses. You’re drinking or whatever, you can accuse that person of something and then you didn't like him you can kill him,” she says.

Kelloway says she will continue to fight for what she believes is right for her son. She says she wants a fair trial and she’s confident justice was not served.

With files from CTV Atlantic’s Kyle Moore.