Health problems a holdup for pre-sentencing report

Despite health problems holding up the preparation of a pre-sentencing report, a man convicted of fraud in connection with the failed Penticton hockey dormitory is still set to learn his fate Feb. 23.

Michael Elphicke was convicted in B.C. Supreme Court in October of fraud over $5,000, theft over $5,000 and unauthorized management of a lottery scheme, and has remained free on bail while awaiting sentencing.

To aid the judge, a pre-sentencing report, which delves into an offender’s background and circumstances, was ordered, but it has not yet been completed, court heard Monday.

“The difficulty is Mr. Elphicke resides in the city of Calgary and he has met with some significant health challenges since the conclusion of the trial,” explained defence counsel James Pennington.

Those challenges include endstage kidney disease and three partial amputations of Elphicke’s left foot.

“So his ability to get out and about has been extremely limited,” Pennington added.

The probation officer handling the case here in B.C. will now make contact with a counterpart in Calgary to try to expedite the process.

Elphicke’s co-accused, Loren Reagan, was a no-show for trial and is wanted on a Canada-wide warrant.

The trial in September heard how Elphicke and Reagan in July 2011 formed the Okanagan Elite Hockey Association to offer teenaged players and their parents a European tour in August 2012.

The OEHA eventually collected $130,000 in trip deposits and raffle proceeds, but the trip never left the ground.

A forensic auditor testified Elphicke and Reagan used the money to pay themselves wages and cover personal expenses, plus start construction of the ill-fated Penticton hockey dormitory.

Elphicke later applied to have his convictions tossed out because it took too long to get the matter to trial, but a judge ruled Elphicke was partly to blame for the delay by not agreeing to have the matter heard in Kelowna.