Delay in charges won't taint case, justice rules
A two-year delay by the RCMP in laying charges for fraud exceeding $300,000 will not prejudice the accuseds' trial, according to a Yukon Supreme Court judgment.
A two-year delay by the RCMP in laying charges for fraud exceeding $300,000 will not prejudice the accuseds' trial, according to a Yukon Supreme Court judgment.
It took police two years to gather the necessary evidence and officially charge Laura Ann Eby and Cary Melvin Goodman with fraud related to loans.
However, this lapse in time was not caused by an improper motive, Justice Ron Veale said in his decision.
'While I agree that there has been unnecessary delay on the part of the police . . . that delay has not affected the trial process,' his decision reads.
The delay was the result of personnel changes within the force, including transfers, which are not an improper motive, court documents say.
While defence argued the delay has meant the accused have been 'unable to get on with their lives,' Veale said the issue can be addressed at a later date if the accused are found guilty.
There is a public interest, however, in wrapping up cases of fraud more quickly, he said.
'A two-year delay does no credit to the reputation of the RCMP and does not sit well, I am sure, with the general public interest in closing this case,' his decision says.
The case first came to police attention in August 2002.
Eby was working as program manager at the Yukon Housing Corporation (YHC), a territoral corporation, at the time when the two loans were issued, totalling $318,575.
Eby, 38, was also working for Goodman, 37, who had business interests in Yukon Appliances Ltd. and Goody's Gas in Porter Creek.
One loan, for $158,675, was issued under the name of another woman, who was unaware of the existence of the loan, Veale notes in his decision. The second loan was for $159,900.
Veale's decision outlines the chronology of events that led to the two-year lapse in laying charges.
In August 2002, Eby was fired from her position with the YHC. Both she and Goodman gave statements to the RCMP that month.
In the following year, 2003, more witnesses were interviewed and the accused's bank accounts were searched.
It was not until May 2004 that the bank accounts of other people who may have been involved in the case were also searched.
The charges were then entered by police on Aug. 30, 2004.
As Veale dismissed the application to throw out the charges as a result of the time it took to bring the charges to court, Eby and Goodman are scheduled to appear in court on the charges Oct. 13.
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