Alena Pastuch fraud trial adjourned until 2018
The jury trial for a Regina woman charged with defrauding investors of more than $5 million is now scheduled to begin in September 2018, 10 months later than originally planned.
Justice Richard Elson “somewhat reluctantly” agreed to Alena Pastuch’s application to have the trial adjourned. It was supposed to have begun Nov. 6.
“In the interest of fairness, the adjournment request should be granted,” said Elson.
Calgary-based defence lawyer Cory Wilson, who came on last week as Pastuch’s legal counsel, argued her case for the adjournment by phone at Regina Court of Queen’s Bench on Thursday.
His recent hiring was one reason to delay the trial.
Wilson has not yet had time to read transcripts of Pastuch’s previous court appearances, nor has he received the financial disclosure.
Wilson said it would take three months just to properly review the financial disclosure.
On July 11, Pastuch’s last court appearance, Elson instructed her to find new counsel ready for a November trial.
He said Thursday he was satisfied that she’d tried her best.
“In large measure, the circumstances of Ms. Pastuch finding herself unrepresented today by counsel of record is not her fault,” said Elson. He called her Legal Aid representation a “fiasco.”
Pastuch has had several lawyers since being charged on June 3, 2014, with fraud, theft and money laundering.
She pleaded not guilty in May. She couldn’t afford to retain her first private lawyer, who adjourned the case 29 times before quitting. Next, she had a government-appointed Legal Aid lawyer, who withdrew after 6 ½ months. Her third lawyer also quit.
Pastuch sought counsel from British Columbia, Alberta, Manitoba and Ontario, after several Saskatchewan lawyers recommended she do so.
“Most of them are conflicted, they’re either representing people through the government or witnesses,” said Pastuch.
Wilson said it would be an injustice to allow the trial to proceed with Pastuch having no legal counsel.
Crown prosecutor Dana Brule said the criminal matter mirrors a 2013 Financial and Consumer Affairs Authority hearing, for which Pastuch had no lawyer.
“I lost, so obviously that’s an indicator that I’m not sure what to do,” Pastuch replied. “I got burned badly and for a criminal trial, I can’t even imagine.”
She said she has never crossexamined someone and doesn’t understand financial disclosure.
Pastuch is alleged to have committed fraud and theft between April 1, 2006, and Jan. 1, 2013. Charges were laid after a fouryear investigation by the RCMP Integrated Organized Crime Unit South.
Last month, Pastuch sought to have her charges dropped, arguing an unreasonable delay of trial.
The trial has been tentatively scheduled to begin Sept. 11, 2018, with jury selection occurring the day before.
Wilson suggested the delay is less grievous given this is “a document-intensive case,” not one relying on fallible human memories.
But Brule said there is an “inherent risk” in delaying a case already several years in. He pointed out that one of the complainants has already died.
Given the adjournment, the trial may see a new Crown prosecutor, as Brule is moving from prosecutions to constitutional law.
Thursday’s date had been originally selected by Pastuch to argue a mistrial and have Elson removed as judge.