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

The theme for this year’s Fraser Valley Regional Library Summer Reading Club is “Crack the Case” and Katie Burns, community librarian at the Chilliwack Library, is encouraging people of all ages to sign up. She is seen here at the Chilliwack Library on Friday, June 18, 2021. (Jenna Hauck/ Chilliwack Progress)
Crack the case, read, win prizes with FVRL Summer Reading Club

‘Immerse yourself in other worlds and have a bit of fun while you do it,’ says Chilliwack librarian

Vanessa Dueck.
Snapshots of a Chilliwack father from his loving daughter

Father’s Day memories of special moments shared together

Rachel is a six month old Labrador retriever cross who was found at large. She is seen here at the Chilliwack SPCA on Thursday, June 17, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: Find Me My Furever Home – Rachel at the Chilliwack SPCA

6-month-old puppy found at large, now at Chilliwack SPCA, needs special home

Cpl. Scott MacLeod and Police Service Dog Jago. Jago was killed in the line of duty on Thursday, June 17. (RCMP)
Abbotsford police, RCMP grieve 4-year-old service dog killed in line of duty

Jago killed by armed suspect during ‘high-risk’ incident in Alberta

Volunteers will gather at South Gate Shopping Centre on Fathers Day before fanning out to help clean up downtown Chilliwack. (Facebook photo)
Kindness Chain Chilliwack Association organizes Fathers Day cleanup

Volunteers will spend 90 minutes fanning out to gather trash in downtown Chilliwack

Marco Mendicino, Minister of Immigration, Refugees and Citizenship during a press conference in Ottawa on Thursday, May 13, 2021. THE CANADIAN PRESS/Sean Kilpatrick
Canada to welcome 45,000 refugees this year, says immigration minister

Canada plans to increase persons admitted from 23,500 to 45,000 and expedite permanent residency applications

RCMP crest. (Black Press Media files)
Fort St. John man arrested after allegedly inviting sexual touching from children

Two children reported the incident to a trusted adult right away

A police pursuit involving Abbotsford Police ended in Langley Saturday night, June 20. (Black Press Media file)
Abbotsford Police pursuit ends in Langley with guns drawn

One person arrested, witnesses say an officer may have been hurt in collision with suspect vehicle

(file)
Pedestrian hit by police vehicle in Langley

Injuries described as serious, requiring surgery

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

Barbara Violo, pharmacist and owner of The Junction Chemist Pharmacy, draws up a dose behind vials of both Pfizer-BioNTech and Oxford-AstraZeneca COVID-19 vaccines on the counter, in Toronto, Friday, June 18, 2021. An independent vaccine tracker website founded by a University of Saskatchewan student says just over 20 per cent of eligible Canadians — those 12 years old and above — are now fully vaccinated. THE CANADIAN PRESS/Nathan Denette
At least 20% of eligible Canadians fully vaccinated, 75% with one dose: data

Earlier projections for reopening at this milestone didn’t include Delta variant

This undated file photo provided by Ernie Carswell & Partners shows the home featured in the opening and closing scenes of The Brady Bunch in Los Angeles. Do you know the occupation of Mike Brady, the father in this show about a blended family? (Anthony Barcelo/Ernie Carswell & Partners via AP, File)
QUIZ: A celebration of dad on Father’s Day

How much do you know about famous fathers?

Emily Steele holds up a collage of her son, 16-year-old Elijah-Iain Beauregard who was stabbed and killed in June 2019, outside of Kelowna Law Courts on June 18. (Aaron Hemens/Capital News)
Kelowna woman who fatally stabbed teen facing up to 1.5 years of jail time

Her jail sentence would be followed by an additional one to 1.5 years of supervision

The George Road wildfire near Lytton, B.C., has grown to 250 hectares. (BC Wildfire Service)
B.C. drone sighting halts helicopters fighting 250 hectares of wildfire

‘If a drone collides with firefighting aircraft the consequences could be deadly,’ says BC Wildfire Service

Most Read