Too sick for sentencing

Photo: Colin Dacre

Convicted hockey fraudster Michael Elphicke has called in sick for his sentencing hearing in Penticton on Monday.

Defence lawyer James Pennington presented a doctor’s note Friday morning during a conference call with the judge and Crown advising against travel from Elphicke’s home in Calgary.

Elphicke suffers from diabetes and end-stage kidney failure and has undergone partial amputations of his foot since receiving judgement via videoconference from a Calgary hospital.

He was found guilty of defrauding a group of hockey parents of at least $130,000 for an overseas hockey trip that never materialized. Some of the trip funds were funnelled into a failed hockey-dorm project at the SOEC.

“Travel is not recommended, given Mr. Elphicke’s current foot wounds and his inability to weight-bear,” Pennington read from the letter. “Excessive travel may further compromise his foot and could result in leg amputation.”

The letter also outlined concerns the doctor had with the possibility of Elphicke being incarcerated, due to the lack of overnight dialysis is prison.

“Incarceration will also delay Mr. Elphicke’s opportunity to receive a kidney transplant and likely result in worse control of his diabetes due to his inability to control his diet and level of activity,” Pennington read.

Both the Crown and Judge were blindsided by the letter, hearing it for the first time Friday.

Crown prosecutor Patrick Fullerton said he is seeking jail time for Elphicke and is opposed to having him sentenced via videoconference as Pennington requested.

Judge Austin Cullen chided Pennington for not bringing to doctor’s note, which was dated April 16, to the Crown’s attention earlier.

“This is so late in the day, it’s extremely unhelpful, but the court is confronted with a dilemma,” he said. “The court can’t be making orders… that may significantly imperil somebody’s health.”

Cullen said the doctor’s note alone wasn’t enough evidence for him to make a decision on whether to allow Elphicke to be sentenced from Calgary.

“But I’m not going to insist that Mr. Elphicke travel, if indeed, and I say if, because I don’t know, it would have that dire an implication for his health.”

The lawyers and judge will reconvene in Penticton court Monday, without Elphicke, to formally hear the defence’s application to have Elphcike sentenced from Calgary.

In the meantime, the Crown will be trying to follow up with the doctor behind the note to determine how severe the risk to travel actually is. The Crown will have the right to an adjournment Monday if Fullerton feels the need for more medical evidence.

The co-accused on the case, Loren Reagan remains behind bars after missing the start of the trial.