A rough sex death case was back in Longueuil court Wednesday. 45-year old Patrick Deschatelets is accused of criminal negligence in the death of his partner in 2008 while the couple were engaging in a weekend long S&M session.

His lawyer Jean-Paul Perron had requested the case be thrown out due to errors in the pathologist's report. A Superior Court judge dismissed that request and hence the case will proceed.

The trial resumed on Wednesday with the defence's first witness. The woman who can only be identified as a former partner of Deschatelet's testified that their sexual activities were always consensual.

Deschatelets is also arguing that activities with the victim, who cannot be named, were consensual, and the death was an accident. 

She died after strangling in his basement, wearing a metal collar which was chained to the cieling. He had left her there while he went out to buy some food.