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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Lake City Secondary School principal Craig Munroe. (Monica Lamb-Yorski photo - Williams Lake Tribune)
OUR HOMETOWN: Lifelong learning

Lake City Secondary School principal Craig Munroe got his first teaching job in Williams Lake

Mayor Walt Cobb waves from atop a tractor as he turns onto Oliver Street in the Daybreak Rotary’s annual Stampede Parade. Patrick Davies photo.
Lack of funding, volunteers has Daybreak Rotary bowing out of Williams Lake Stampede parade

Club learned this week it won’t be receiving local government funding, for the second year in a row

A nurse performs a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. (THE CANADIAN PRESS/Paul Chiasson)
30 new COVID-19 cases, five more deaths in Interior Health

This brings the total number of cases to 7,271 since testing began

Williams Lake’s Brock Hoyer films a segment of the newly-released The Way Home in the city of Revelstoke. (Ryen Dunford photo)
Brock Hoyer stars in new snowbike film: The Way Home

The film is completely free and was released on YouTube on Jan. 22, 2021

The body of Kenneth Seymour Michell was discovered Jan. 14, 2021, behind a Williams Lake business a day after he was released by a judge on conditions. (Photo submitted)
Family looks for answers after Indigenous man dies by suicide following release from custody

System does not care about Indigenous peoples, says First Nations Leadership Council

Dr. Bonnie Henry talk about the next steps in B.C.'s COVID-19 Immunization Plan during a press conference at Legislature in Victoria, B.C., on Friday, January 22, 2021. THE CANADIAN PRESS/Chad Hipolito
456 new COVID-19 cases in B.C., 2 deaths

Since January 2020, 78,278 have tested positive for the novel coronavirus in B.C.

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

“Support your city” reads a piece of graffiti outside the Ministry of Finance office. (Jane Skrypnek/News Staff)
Slew of anti-bylaw graffiti ‘unacceptable’ says Victoria mayor, police

Downtown businesses, bylaw office and Ministry of Finance vandalized Wednesday morning

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. (THE CANADIAN PRESS/Nathan Denette)
Vaccinating essential workers before seniors in B.C. could save lives: experts

A new study says the switch could also save up to $230 million in provincial health-care costs

The late Michael Gregory, 57, is accused of sexually exploiting six junior high students between 1999 and 2005. (Pixabay)
Former Alberta teacher accused of sexually assaulting students found dead in B.C.

Mounties say Michael Gregory’s death has been deemed ‘non-suspicious’

According to a new poll, a majority of Canadians want to see illicit drugs decriminalized. (THE ASSOCIATED PRESS)
Majority of Canadians think it’s high time to decriminalize illicit drugs: poll

More than two-times the B.C. residents know someone who died from an overdose compared to rest of Canada

Interior Health officially declared a COVID-19 outbreak at Creekside Landing in Vernon on Jan. 3, which was followed by the first death from the virus 10 days later. (Kaigo photo)
COVID outbreak over at Vernon care home

Creekside Landing cleared of coronavirus, despite additional death in last day

(Black Press Media file photo)
B.C. residents can reserve provincial camp sites starting March 8

B.C. residents get priority access to camping reservations in province

Most Read