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Justice Bruce Greyell decided Thursday in Penticton court to leave the door open to a Charter challenge from the Mike Elphicke defense over the right to a speedy trial.
Last year, the Supreme Court of Canada ruled that provincial supreme court matters have to be finished within 30 months of charges being sworn.
The Elphicke case is just under 33 months old.
Elphicke is facing charges of fraud and theft over $5,000 and unauthorized management of a lottery scheme in connection to the business dealings of the defunct Okanagan Elite Hockey Association.
A 2.5 week trial wrapped Wednesday, with Greyell reserving judgment for a later date.
The matter will be back in court on Oct. 10, when a date will be fixed for both the trial judgement and a hearing for a the Charter challenge. Greyell said there have been 31 cases in B.C. so far that have been impacted by last year's ruling.
A Canada-wide warrant is out for the arrest of Elphicke's co-accused, Loren Reagan, who failed to show up for the start of the trial. He tells Castanet he's in Kuwait dealing with passport issues.
