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Convicted fraudster Ronald James Aitkens is a needed man after he failed to point out up in Calgary Courtroom of Justice on Monday to face his sentencing listening to.
Crown prosecutors Yasifina Somji and Amanda Goodwin requested Justice Lloyd Robertson to condemn the previous Lethbridge pastor in his absence, however Robertson mentioned he would wait handy Aitkens his punishment in individual.
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“I’m not going to proceed. I’m going to challenge a warrant for the arrest of Ronald James Aitkens,” Robertson mentioned.
Aitkens prosecution underneath the Alberta Securities Act has been earlier than the courts for greater than a decade, experiencing a number of delays alongside the best way.
The latest was two weeks in the past when Aitkens, 68, was scheduled to be sentenced by Robertson for 2 breaches underneath the provincial laws, together with a depend of fraud over his dealings with traders in Legacy Communities Inc.
On the time of that Oct. 23 courtroom look, defence counsel Brian Beresh advised courtroom that his shopper had examined optimistic for COVID-19 the evening earlier than and couldn’t attend.
On Monday, Beresh advised Robertson he was not conscious why Aitkens was not in attendance.
“Is he on his method, slightly late? Is he anticipated to be right here?” Robertson requested.
“He’s anticipated to be right here,” mentioned Beresh, including that he had not spoken to his shopper.
After a brief adjournment to permit Aitkens to make it to courtroom, the lawyer attended earlier than Robertson a second time to point he was not capable of talk together with his shopper.
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“Mr. Aitkens just isn’t current. I’ve tried his telephone quantity,” the lawyer mentioned.
“He is aware of this matter was set for this afternoon.”
Aitkens was convicted by Robertson on July 20, 2020, after discovering he had dedicated fraud underneath the Alberta Securities Act in reference to an actual property challenge by which almost 1,500 traders forked over greater than $35 million.
Two knee surgical procedures and different points had delayed the case continuing to sentencing, with Robertson solely listening to sentencing submissions this previous June.
At the moment prosecutor Petter Hurich argued Aitkens ought to be sentenced to 4 years on the fraud cost and a further yr for making a false or deceptive assertion in an providing memorandum.
Beresh argued a complete five-year sentence can be in extra of the utmost penalty for a single cost underneath the act of 5 years much less a day. He instructed a conditional sentence order of lower than two years, to be served in the neighborhood, arguing the previous pastor spent a lot of his life within the service of others.
Robertson ordered the case again earlier than him on Nov. 23 to find out if Aitkens has been arrested.
KMartin@postmedia.com
X: @KMartinCourts
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