Fraud trial stalls after defence lawyer quits
After what the Crown described as a “revolving door” of defence counsel in a four-year-old case, a Regina woman accused in a multimillion fraud could end up on her own at trial if she can’t get someone else on board.
Her lawyer quit Monday on what was to be the trial’s long-awaited opening day.
Alena Marie Pastuch must now return to a Regina courtroom next Monday, Sept. 17, to apply for her third court-appointed counsel, paid for by the Saskatchewan government. But Court of Queen’s Bench Justice Richard Elson warned the 53-year-old accused she faces an uphill battle, since the lawyer representing the government’s court services branch indicated the application will be opposed.
Elson put Pastuch on notice that “in the event I deny the application, the trial will proceed.” It will start the very next morning, on Sept. 18, Elson added.
Earlier Monday when asked how soon she could make her court-appointment application, Pastuch, with a trembling voice, expressed uncertainty about how to even do so. But she was clear on one thing: “I would like help with a lawyer,” she said.
Asked if she understood the possible consequences of failure — paying for her own lawyer or representing herself — Pastuch said yes. Pressed by Elson about whether or not she’s prepared to represent herself, Pastuch replied, “I do not believe I’d be able to, but … if forced to by the court, I would.”
Back in June 2014, Pastuch was arrested and made her first appearance on three charges: fraud exceeding $5,000, theft exceeding $5,000 and money laundering. She’s accused of misappropriating some $5 million in investors’ money. Pastuch headed several companies that were focused on creating anti-fraud and child protection software. The offences are alleged to have occurred between April 1, 2006 and Jan. 1, 2013.
She has been residing in the community under bail release conditions since shortly after her arrest.
Pastuch’s trial was originally to be heard by a judge and jury, but she re-elected trial by judge alone earlier this year. The trial is expected to run about two months, with the Crown alone calling some 80 witnesses.
At the start of Monday’s proceedings, Pastuch’s lawyer Cory Wilson, who came on board after she parted ways with her previous court-appointed counsel last year, told Elson he was in the “very unfortunate position” of having to withdraw because of “a complete breakdown of the solicitor-client relationship.
“While there were significant, ongoing issues with the relationship, the complete breakdown was crystallized on Sept. 6, just this last Thursday,” Wilson added. “I cannot and will not, of course, disclose the nature of the breakdown, other than telling the court that there’s no scenario in which I can ethically proceed as counsel.”
Sighing heavily at times, Elson
While there were significant, ongoing issues with the relationship, the complete breakdown was crystallized on Sept. 6.
repeated, “This is a very extraordinary situation.”
It’s the latest twist in the longrunning case.
Last year, Pastuch’s then-lawyer Christopher Funt unsuccessfully argued the charges should be tossed out for unreasonable delay. Elson refused, finding some of the delay was caused by Pastuch herself in her bid to retain a lawyer, but also due to how her case had been “shabbily” handled by Legal Aid. It was after the Legal Aid issues that Pastuch, as an impecunious accused, was able to secure a lawyer on the taxpayers’ dime, given the complexities of the case.
It’s unclear at this point, if Pastuch is able to secure a new lawyer, when the trial will now proceed.
“The Crown is asking that the trial does proceed. We are not consenting to any adjournment,” Crown prosecutor Dana Brule said. “We have vehemently opposed a number of adjournments, all at Ms. Pastuch’s request in relation to this — with all due respect — this revolving door of counsel,” he added.
He said it’s the Crown’s position that the case must go on, with or without defence counsel.
The Crown is willing to provide her a computer to assist.