Final arguments done, Elphicke’s fate up to judge

After a gruelling trial that lasted nearly three weeks, Michael Elphicke is relieved to have finally had his day in court.

“I wanted my story to be told,” the 51-year-old said Thursday after his case was adjourned until mid-October to await a verdict.

Elphicke is co-accused with Loren Reagan on charges of fraud over $5,000, theft over $5,000 and unauthorized management of a lottery scheme in connection with the Penticton hockey dormitory fiasco and a failed European hockey trip that funded it.

The trial in B.C. Supreme Court heard how the two in July 2011 formed the Okanagan Elite Hockey Association to offer teenaged players and their parents a European tour in August 2012.

They collected $130,000 in deposits and proceeds from raffles from July 2011 through January 2012 for the trip. A forensic auditor testified, however, that the cash was used to enrich Elphicke and his wife by $17,000, mainly through salaries, and Reagan by $38,000, primarily for personal expenses.

Another $44,000 was put towards the failed purchase of nine cityowned lots on Eckhardt Avenue and to start construction of the dormitory there before the sale even closed.

Defence counsel James Pennington argued his client should be acquitted because the ventures were business failures and there was no deceit on Elphicke’s part. Instead, the defence laid the blame squarely at the feet of Reagan.

“I definitely didn’t know who and what (Reagan) was, so in that regard we were certainly bamboozled. I could have looked him up easy and seen a whole bunch of stuff, so I blame myself for that,” Elphicke said.

But he’s uncertain if the judge will see it that way.

“I’d say it’s up in the air. I thought that James did a very good job of getting me to the stand, which ultimately was my goal,” added Elphicke, who has end-stage kidney disease and was in obvious discomfort throughout the trial.

That made it even more difficult for him to accept the fact Reagan failed to show up for court, triggering a Canada-wide warrant for his arrest.

“When I found out, I was hurt, disappointed and mad at the system for allowing him access to leave,” said Elphicke, whose former business partner is believed to be in Kuwait and didn’t attend any pretrial proceedings, either.

“I think they should have pulled his passport.”

Justice Bruce Greyell will give his verdict on a date to be determined Oct. 10.

The judge is also expected that day to set a date to hear one final application from Elphicke to have the charges thrown out due to delay in getting to trial.

A landmark Supreme Court of Canada ruling issued last year calls for such cases to take no more than 30 months from charges being laid until the end of trial.

Elphicke’s time was just shy of 33 months, but his lawyer will have to prove he’s not to blame for the delays.