Fraud trial underway despite attempt to switch to jury

Phoney financial statements and bank documents were used by a Canmore accountant to defraud investors, a prosecutor alleged Monday.

In his opening address before Calgary Court of Queen’s Bench Justice Kristine Eidsvik, Crown lawyer Steven Johnston said James Russell Neilson used three different methods to convince victims to hand over money.

And Johnston said some of the cash was used for personal purchases, to pay bills and buy items at Holt Renfrew, making Neilson’s actions a case of money laundering.

Neilson faces seven charges involving allegations of theft, fraud and money laundering in connection with incidents in Canmore between 2009 and 2014.

Neilson was originally charged in May 2015, with new allegations being laid by Mounties the following January, in relation to investments in Neilson’s Abaca Solutions Inc. in which 40 people lost approximately $5.5 million.

Before Johnston’s opening, Neilson made a bid to delay his trial, arguing he was denied the right to a jury election in the case.

But Eidsvik noted Neilson, who is representing himself, was present in Canmore provincial court when an agent for his then-lawyer, Jim Lutz, elected a trial by a Court of Queen’s Bench judge sitting alone.

Neilson argued there was a reference in one court appearance to him filing a written election, but none was ever produced.

“It doesn’t matter, Mr. Neilson,” Eidsvik said.

“You were present and your counsel said you wanted a judgealone trial.”

“At what point did I lose my right to have a choice to have a jury trial?” Neilson asked.

“You didn’t lose your right ... you exercised your right to have a judge-alone trial,” Eidsvik replied.

Neilson’s trial is scheduled for three weeks.