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

Chelsea Harry was last seen Feb. 21. Photo via Comox Valley RCMP
Comox Valley RCMP seeking help locating a missing woman

Missing person last seen in Courtenay on Feb. 21

A Coast Range Cannabis store has been approved for the Crown Isle Shopping Centre in Courtenay. Photo submitted
Courtenay council approves seventh cannabis retailer

Coast Range Cannabis to open second store in the Comox Valley

A map of the Village Forest Lands near Cumberland. Image, Village of Cumberland
Cumberland adopts forest management direction statement

Less detailed than full plan, documents sets out decision-making for village-owned land

Gp Vanier in Courtenay. Circa 2018. Photo courtesy Comox Valley Schools
Another COVID exposure alert for Vanier Secondary in Courtenay

Island Health has sent another exposure alert to parents of students attending… Continue reading

“Of Bears at Fridges, drinking Planes and Cinderella’s Shoe” is Jordis Trumby’s first children’s book. Photo supplied.
Courtenay author writes, illustrates first children’s book

When is a collaboration not a collaboration? At first glance, Courtenay author… Continue reading

Health Minister Adrian Dix looks on as Dr. Bonnie Henry pauses for a moment as she gives her daily media briefing regarding COVID-19 for British Columbia in Victoria, B.C. THE CANADIAN PRESS/Jonathan Hayward
7 additional deaths and 542 new COVID-19 cases in B.C.

Provincial health officials reported 18 new COVID-19 cases linked to variants of concern

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

Chief Justice Christopher Hinkson (Office of the Chief Justice)
Judge questions whether B.C.’s top doctor appreciated right to religious freedom

Lawyer for province says Dr. Henry has outlined the reasons for her orders publicly

The City of Duncan will implement a new pilot project targeting vandalism this spring. (File photo)
Graffiti trouble? Duncan will give you the brush and the paint to remove it

Intiative based on a successful project to protect Port Alberni from unwanted spray paint

A sample of guns seized at the Pacific Highway border crossing from the U.S. into B.C. in 2014. Guns smuggled from the U.S. are used in criminal activity, often associated with drug gangs. (Canada Border Service Agency)
B.C. moves to seize vehicles transporting illegal firearms

Bill bans sale of imitation or BB guns to young people

BC Housing minister David Eby is concerned that Penticton council’s decision to close a local homeless shelter will result in a “tent city” similar to this one in Everett, Wa. (Olivia Vanni / Black Press file)
‘Disappointed and baffled’ B.C. housing minister warns of tent city in Penticton

Penticton council’s decision to close a local homeless shelter could create tent city, says David Eby

This was the scene outside North Saanich’s Parkland Secondary School after an attempted but unsuccessful break-and-enter into the school torched an ATM inside of it. Sidney/North Saanich RCMP did not make any arrests and currently lack suspects as the investigation continues. Members of the public who may have witnessed something or possess other information can contact police at (250) 656-3931 or to Crimestoppers at 1-800-222-TIPS. (Submitted)
Money to burn: burglars torch North Saanich high school ATM

Police dogs searched the exterior and interior of the school after early morning break-and-enter

The first of Fisheries and Oceans Canada’s long-range maritime patrol aircraft—the Dash-8—becomes operational. (Photo supplied by PAL Aerospace)
Fisheries and Oceans Canada’s new De Havilland Dash-8-100 long-range surveillance air craft is capable of staying aloft for eight to 10 hours for a variety of missions up and down the B.C. coast. (Photo supplied by PAL Aerospace)
New plane will double DFO’s surveillance capacity in B.C.

The Dash-8 will fly out of Campbell River for enforcement, conservation missions

A recently published study out of UBC has found a link between life satisfaction levels and overall health. (Pixabay)
Satisfied with life? It’s likely you’re healthier for it: UBC study

UBC psychologists have found those more satisfied with their life have a 26% reduced risk of dying

Most Read