MONTREAL - Joyce Ellis is relieved that there is now some hope for justice for her deceased son Raymond Ellis who was killed in 2005 in what is believed to be a case of mistaken identity.

Charges against five suspects were thrown out in 2009 due to a judge claiming that the prosecutor had misled the court.

But the good news for the parents of Raymond Ellis is that there will be a retrial.

Joyce Ellis hopes that this one is a little less painful than the first effort was for her, which was capped when she witnessed those accused celebrating after the trial was tossed out.

"It was disgusting, disrespectful," said Joyce Ellis. "What we saw in the courtroom was a mockery..a mockery of a case."

Three of five suspects in the brutal nightclub slaying of Raymond Ellis in 2005 have been arrested by Montreal police in order to have them face a new trial for second degree murder.

Police continue to seek two more suspects.

Raymond Ellis, from Lachine, was at the Aria nightclub in October 2005 to celebrate the opening of his boutique on St. Catherine St.

Ellis was killed in the nightclub in an alleged case of mistaken identity. His clothing had apparently led a street gang to believe that he was a member of a rival gang.

One man, 20, was convicted and sentenced in youth court on charges of second degree murder in March 2008 for his part in the crime. His identity cannot be revealed because he was a minor at the time of the crime.

The other suspects, all adults at the time, had charges against them thrown out when a key witness failed to recall important details while on the stand in January 2009.

Fifteen members of the gang, mostly from the St. Michel area, came to the bar the night of the murder. Five of them faced charges of homicide.

Montreal police have arrested Ernso Theobrun, 31, Evens Belleville, 26 and Charles McLee, 26.

They are still seeking John Tshiamala, 25, Alexander Scott Clevland, 23.

Anyone with information is asked to call Info-Crime at 514-393-1133.