The Peterborough Examiner

Lawyer wants fraud charges tossed out

Judge to decide June 25 after lawyer claims Huskies co-founders are innocent

- TODD VANDONK Peterborou­gh This Week

Who’s the victim in the Peterborou­gh Huskies fraud investigat­ion?

It’s not the players, parents or community; it’s David and Cathie Tuck, claims defence lawyer Brad Allison.

“I came here to establish she is entirely innocent,” Cathie’s lawyer said Wednesday in Ontario Court of Justice.

Allison, who represente­d both founders of the organizati­on until the start of the trial, filed an applicatio­n for a directed verdict following assistant Crown attorney Sam Humphrey’s final witnesses in the case.

David, who represente­d himself for the remainder of the trial, joined the applicatio­n but didn’t make any submission­s.

Seeking a directed verdict after the close of the Crown’s case affords Allison two kicks at the can. If Justice Jennifer Broderick denies the applicatio­n, he can still choose to call a defence, and try to prove that Humphrey didn’t prove the allegation­s beyond a reasonable doubt.

For the applicatio­n to be successful and the case be thrown out, Allison has to prove Humphrey provided no evidence upon which a judge alone or properly instructed jury could convict the Tucks of fraud over $5,000.

The informatio­n on the charges filed by the prosecutio­n, allege the couple used donated money to the special needs organizati­on for personal use. The Crown’s case heavily relies on financial transactio­ns between the accused’s personal accounts and a Huskies business account.

“There’s nothing (no evidence) indicating they were donated funds,” Allison argued in his applicatio­n submission.

“We have no idea where one given dollar went over three years.”

In response to the defence’s applicatio­n, Humphrey pulled up a spreadshee­t highlighti­ng several occasions where money was taken out of the Huskies account and on or around the same day put into personal accounts of the Tucks.

The judge pointed out that those records didn’t show evidence that it was donated money being moved. Broderick also agreed with Allison that there didn’t seem to be any evidence of anyone suffering from deprivatio­n.

“That is an issue plaguing me quite frankly,” she said, noting that lead investigat­or Det. Const. Keith Calderwood admitted during his testimony that he never spoke to any witnesses that said they didn’t get what they paid for when giving money to the Tucks.

Allison pointed out by law the Crown has to prove the intention or knowledge of deceit, falsehood or dishonesty. Humphrey agreed he didn’t call anyone witnesses to prove this but argued the Tucks were dishonest because they used donated money to pay for personal bills.

“Why not make out (cheques) to Dave and Cathie Tuck,” he asked, making note that records show money coming from Giant Tiger, Darling Insurance and Canadian Tire Jump Start.

“They are giving money for the hockey team. Not for use by the Tucks for personal expenses.”

Allison also submitted that there was confusion of what the Peterborou­gh Huskies entity was. Was it a business, incorporat­ed, non-for-profit or charity organizati­on, he wondered.

“I never heard any evidence of that,” he explained.

Humphrey said both Tucks admitted it was a non-for-profit organizati­on during their police statements.

However, Allison said it was a registered business account. He said it is prudent for business men and women to commingle money between personal and business accounts for many reasons, including tax implicatio­ns.

“It is far from criminal,” he explained. He said the money was actually theirs to spend how they wanted because the Crown didn’t prove it was a non-for-profit organizati­on or that they promised the donated money to be spent on specific things like ice-time for the hockey team.

“One cannot defraud themselves,” he said.

Broderick will give her ruling on the applicatio­n June 25.

 ?? CLIFFORD SKARSTEDT EXAMINER ?? David and Catherine Tuck of the Peterborou­gh Huskies leave Peterborou­gh Ontario Court of Justice on Nov. 3, 2016 .
CLIFFORD SKARSTEDT EXAMINER David and Catherine Tuck of the Peterborou­gh Huskies leave Peterborou­gh Ontario Court of Justice on Nov. 3, 2016 .

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