Crown stays charges in immigration fraud case
The Crown has formally stayed fraud and theft charges involving $ 2 million in properties and cash against a Calgary immigration officer who had been scheduled to face a three- week trial starting next Monday, following the death of the alleged victim.
In a letter sent to Court of Queen’s Bench on Wednesday, prosecutor Brian Holtby said the proceedings against Melissa Holman were stayed by his direction. Copies were also forwarded to trial co- ordinator Susan Quesnelle, Holman’s lawyer Dean Zuk and civil lawyer Matti Lemmens, on behalf of the alleged victim’s estate.
“We became aware of the death of Fusako Kametani some time ago,” Holtby said. “We were considering trying to use out- of- court statements she made and evidence from the preliminary hearing in June 2013 but, in the end, I decided there was no reasonable likelihood of conviction.”
Holtby said Kametani had indicated in her preliminary hearing testimony that she had a tumour, but he did not pursue any details related to her death.
Kametani, a native Japanese woman, had come to Calgary, where the alleged offences occurred, then moved to Montreal, where she died since the hearing.
Holtby said the two properties in question — worth $ 876,000 and $ 731,000 respectively — had since been returned to the estate. There were separate bank draft payments made from Kametani — valued at $ 198,170, $ 125,700 and $ 86,800 — that are being pursued civilly by her daughter.
The prosecutor said there are settlement discussions regarding that total of about $ 410,000.
Holman’s husband Marcus said in an email in 2012 they were confident Melissa Holman would be exonerated and they had entered a plea of not guilty to all charges in connection with the case.
Marcus Holman said at the time they were preparing a strong defence: “We have a HEAVY Defense and are Pleading NOT GUILTY! ( sic),” he said in the e- mail.
Holman, 43, who was charged in June 2012, was at the helm of a Calgary non- profit organization that specializes in helping immigrants and temporary foreign workers.
Police said Holman had convinced a newcomer to Canada to sign over her properties and cash under threat of deportation. Kametani had been referred to Holman’s organization, the Temporary Foreign Workers Association of Canada, last year to seek immigration advice.
The Japanese woman had come to Canada on a student visa and had used her savings and inheritance to purchase the two houses, one in Signal Hill and one in Springbank.
Police said Holman told Kametani that by having properties in her name, she could have her assets seized and could face deportation.
Melissa Holman told reporters at the time that Kametani had suggested herself that the properties be transferred.
“She’s anxious to go to trial to clear her name, but understands that these things take time,” said defence lawyer Dean Zuk.
Neither Holman nor her organization, which offers consultation on immigration matters for a fee, are registered members of the Immigration Consultants of Canada Regulatory Council.
It is illegal to offer immigration services in Canada for a fee if you’re not a lawyer or a member of the council. The Crown can resurrect criminal charges within a year, but rarely does so.