Judge denies alleged Regina fraudster's attempt to have case thrown out
Alena Pastuch, 51, accused of $5M fraud spanning 7 years
A Regina businesswoman who applied to have her fraud and theft charges thrown out due to trial delays was denied by a judge.
Alena Pastuch, 51, was charged in June 2014 with fraud, theft and laundering the proceeds of crime.
She is alleged to have defrauded investors in Saskatchewan, Alberta and British Columbia of $5 million.
The fraud and theft are alleged to have happened over a seven-year span, up to January 2013.
She pleaded not guilty to all three counts in May.
Delay does not meet threshold
On Tuesday, Regina Court of Queen's Bench Justice Richard Elson read his decision to deny Pastuch's application.
She had 29 court appearances over a three-year span, which included representation from three different lawyers. At one point, Pastuch was represented by a Saskatchewan legal aid. Elson said it handled her representation "shabbily and unprofessionally."
On Tuesday, Pastuch was without a lawyer and asked for an adjournment. That was denied.
A Supreme Court of Canada decision from 2016 set out a reasonable time for trial proceedings to be complete in Queen's Bench at 30 months. The ruling was the basis for Pastuch's application.
Elson said the 34 months for Pastuch's proceedings exceeded the acceptable delay. But in his calculations of who was responsible for the delays, he determined the total delay to be 27 months, which falls below the threshold.
The judge quoted the lawyers who had represented Pastuch, who described the case as "enormous" and includes "complex fraud allegations." He accepted those explanations as part of the reason for the length of the delays.
Elson said there are at least 36 victims and one expert witness, which adds to the complexity of the case.
Mistrial application
This is not the final application by Pastuch. In August, a different judge will rule on her application for a mistrial and to have Elson removed from the proceedings.
If the mistrial is denied, a trial by judge and jury will likely proceed in November. It is scheduled for three months.
"The length of the trial is obviously a factor that the court took into consideration. A three-month trial is fairly rare in Saskatchewan. In particular, murder trials don't usually last that long," said Crown prosecutor Dana Brule.
Thousands in fines
In December 2014, Pastuch was ordered to pay a penalty of $100,000 and $46,638 in hearing costs after contravening Saskatchewan's security laws.
Pastuch was also made to pay up to $100,000 to each person or company that suffered financial loss as a result of her actions.
The Financial and Consumer Affairs Authority said she was trading in securities while not registered to do so or having filed a prospectus, and engaging in unfair practices, ranging from "blatant misrepresentations" to "threats of dire consequences."
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Corrections
- An earlier version of this story said Alena Pastuch was a financial planner. In fact, Pastuch is a businesswoman.Aug 03, 2017 3:48 PM CT