Michael Elphicke was found guilty of major fraud and theft over $5,000 charges as well as operating an unauthorized lottery scheme in October.                                Dustin Godfrey/Western News

Michael Elphicke was found guilty of major fraud and theft over $5,000 charges as well as operating an unauthorized lottery scheme in October. Dustin Godfrey/Western News

Hockey fraudster won’t skate free on time-to-trial rule

Guilty charges stick for man who committed fraud against Okanagan hockey parents

An application to toss a guilty verdict on major fraud charges in the Okanagan, due to the lengthy time it took to get to trial, was denied by a judge in Penticton’s B.C. Supreme Court chambers Thursday.

Michael Elphicke was found guilty in October of fraud and theft over $5,000 and unauthorized operation of a lottery scheme, over the failed Okanagan youth hockey tour of Europe which was supposed to happen in 2012.

Related: Okanagan hockey fraudster found guilty on all accounts

Despite raising about $184,000 from parents and through a raffle scheme, which was not authorized by the B.C. Lottery Corporation, no hockey trip ever came about — by mid-January 2012, just $13,000 remained in the Okanagan Elite Hockey Association accounts.

Justice Bruce Greyell delivered his decision Thursday morning, after hearing the case for and against the Charter application on Wednesday.

The application stems from a summer 2016 Supreme Court of Canada ruling in July 2016, in which the courts determined an accused undergoing a superior court trial should not have to wait more than 30 months between the time the charges are sworn and the trial’s finish.

Related: Elphicke could go free on time-to-trial rule

Related: Elphicke reportedly took $17,000 of hockey funds

Charges were sworn against Elphicke — as well as co-accused Loren Reagan, believed to be in Kuwait — in January 2015, but did not go to trial until September 2017, making 32.4 months to the end of trial.

One particular delay came in May 2016, when the Crown was forced to change counsels on the matter, as the lawyer at the time had been suffering health issues, with Crown counsel Patrick Fullerton filling in.

“It is difficult to ascribe a time delay resulting from this factor, because Mr. Elphicke decided at the pretrial conference proceeding … to change his plea,” Greyell added, referring to Elphicke’s change of election from a Provincial Court trial to Supreme Court.

“Mr. Fullerton was not made aware of that decision by Mr. Elphicke until just prior to May 13. That resulted in delay in this matter being scheduled in this court.”

Related: Alleged Okanagan hockey fraudster took money as failure loomed

With advanced notice of Elphicke’s change of trial mode election, Greyell said Fullerton could have taken steps to fix a date for the trial earlier.

Greyell also noted the issue of delays was raised more by Crown than by Elphicke and defence lawyer James Pennington following the May pretrial conference.

“In particular, the issue of delay was not raised when the dates for trial were being discussed in the period of February through September 2017.”

Related: Alleged hockey fraudster could face justice over Skype

During discussions held in fall 2016 on various dates to attempt to fix a date for the trial, it became clear there would be difficulties getting a trial before entering “Jordan territory.” While Pennington was available in early 2017 and into the summer, Reagan’s lawyer was not available for the five-week trial until November this year.

After thinning the trial down to three weeks through admissions in pretrial proceedings, it was determined the trial could run in summer this year in Kelowna or in September in Penticton.

Though all parties agreed the issue was born and bred in Penticton and should be heard in the city, the Crown and judge agreed it would be best to do the trial at earliest convenience, even if that had to be held in Kelowna. But Pennington took issue with moving the trial up the valley.

Related: Elphicke painting Penticotn hockey fraud as one-man scam

“Elphicke was given the opportunity by both Justices Cullen and Weatherill to have the trial heard in Kelowna, where there were more courtrooms and court judges available,” Greyell said.

“While there is no evidence on the record as to when the trial might have been heard, had it been moved to Kelowna, it is clear to me from the comments of the associate chief justice and Justice Weatherill that that time could have been found, had the matter heard in Kelowna, within the Jordan time.”

On top of benefiting from just under $20,000 of hockey parent and raffle money from the OEHA, in his verdict Greyell also found Elphicke culpable in the tens of thousands of dollars that went toward Reagan, having signed off on numerous blank cheques for his business partner, who reportedly raked in nearly $40,000.

Related: Alleged hockey fraudster ‘embarassed’ widow

Another $44,000 went toward Reagan’s failed hockey dorm project in Penticton, a forensic accountant testified during trial.

Both Fullerton and Pennington said last they heard Reagan was still out of the country.

Elphicke, who appeared for his verdict hearing over video from a Calgary hospital in October, was not present for the decision on Thursday.

A pre-sentence report will be ordered prior to the sentencing hearing, which Greyell, retiring early next week, will not preside over.

Related: Loren Reagan skates off on hockey fraud trial


@dustinrgodfrey

dustin.godfrey@pentictonwesternnews.com

Like us on Facebook and follow us on Twitter.

Just Posted

Black Press file photo
RCMP seek suspect in Vancouver Island-wide crime spree

Crimes stretched from Deep Bay to Qualicum, Ladysmith, Chemainus and Youbou

Things are looking up for Vancouver Island as zero COVID-19 cases have been reported for the first time since October. THE CANADIAN PRESS/Darryl Dyck
Island records zero new COVID-19 cases for the first time since October

For the first time since October, the province is reporting zero new… Continue reading

Black Press Media file
Port Hardy RCMP on the hunt for porta-pottie arsonist

The porta-potties were lit on fire early in the morning on June 13

Eke Me-Xi students enjoy a field trip to Malcolm Island. (Submitted photos)
Eke Me-Xi Learning Centre takes field trip to Malcolm Island

Once at Bere Point, students made themselves at home in the day-use area

Mount Waddington Regional Fall Fair logo
Mount Waddington Regional Fall Fair cancelled again due to COVID-19 restrictions

The 2022 fall fair is still scheduled to take place in Port Hardy

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

Karl and Stephanie Ann Johanson were thrilled to spot a pair of Sandhill Cranes in the Panama Flats this month, an unusual appearance for such birds. (Photo by Stephanie Ann Johanson)
WATCH: Sandhill cranes an unusual, joyful sight in South Island parkland

These birds don’t often touch down on their way between northern B.C. and Mexico

Police are asking for public assistance in locating Anthony Graham who has been charged with the murders of Kamloops brothers Carlo and Erick Fryer. (RCMP photo)
2 charged, suspect at large in killings of B.C. brothers linked to gang activity: RCMP

Kamloops brothers Erick and Carlo Fryer were found deceased in May on a remote Okanagan road

(V.I. Trail/Google Maps)
Now 90% complete, Vancouver Island trail forges new funding parnership

Victoria Foundation takes on Vancouver Island Trail Association; fund valued at $40,000

Albert Health Minister Tyler Shandro and Alberta Premier Jason Kenney unveil an opening sign after speaking about the Open for Summer Plan and next steps in the COVID-19 vaccine rollout, in Edmonton, Friday, June 18, 2021. THE CANADIAN PRESS/Jason Franson
Alberta 1st province in Canada to lift all COVID-19 public health restrictions

70.2% of eligible citizens 12 and older in the province have received a dose of the vaccine

Fraser Health registered nurse Ramn Manan draws a dose of the Pfizer COVID-19 vaccine into a syringe at a walk-up vaccination clinic at Bear Creek Park, in Surrey, B.C., on Monday, May 17, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Honour our fathers’ with COVID-19 vaccine protection, B.C. urges

109 new cases Friday, 75 per cent of 12 and up immunized

Freighters have becomd abundant in the Trincomali Channel on the east side of Thetis Island.
Nanaimo ponders taking on waste from nearby anchored freighters

Vancouver-based Tymac petitioning the Regional District of Nanaimo to accept waste at its landfill

(Paul Henderson/ Chilliwack Progress)
Trutch Avenue in Chilliwack to be renamed to remove racist taint

New name to have Indigenous significance as Chilliwack takes new step toward reconciliation

Most Read