Fraud trial stalls after defence lawyer withdraws

REGINA 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-dollar fraud could end up defending herself.

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 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 courtappointment application, Pastuch 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.”

In June 2014, Pastuch made her first appearance on three charges: fraud exceeding $5,000, theft exceeding $5,000 and moneylaundering. She’s accused of misappropriating some $5 million in investors’ money. Pastuch headed several companies 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.

At the start of Monday ’s proceedings, Pastuch’s lawyer Cory Wilson told Elson he was withdrawing because of “a complete breakdown of the solicitor-client relationship.”

It’s unclear at this point 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. 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 Pastuch with a computer to assist.