A judge has ruled there is no evidence of a criminal offence involving a Peterborough, Ont. couple who were accused of allegedly defrauding a special needs hockey organization.
Justice Jennifer Broderick delivered her directed verdict in a courtroom in Peterborough on Monday morning for Dave and Cathie Tuck, the couple who created the Peterborough Huskies special needs hockey team.
A directed verdict occurs when a trial is stopped after determining that an essential fact has not been proven.
The Tucks were arrested and charged with fraud in November 2016 after a police investigation into allegations of misuse of funds from the Huskies from 2013 to 2016, estimated around $40,000.
The trial commenced in January as Dave decided to represent himself.
The trial continued in May and that’s when Cathie’s lawyer, Brad Allison, submitted a directed verdict application. He claimed the case should be thrown out since the Crown did not present evidence to prove the allegations beyond a reasonable doubt.
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And in her decision on Monday, Justice Broderick agreed, saying the Crown needed to provide evidence of fraud in four areas: deprivation, deceit, intent and value.
She said at issue was the fact that it was never made clear who had been defrauded, families of special needs hockey players or those who had made donations to the non-for-profit organization.
Broderick said the Crown did not provide a single victim to give a statement of fact that the team had been deprived of anything. Peterborough Police Service Det. Const. Keith Calderwood, who led the investigation, said no one was willing to testify against the Tucks.
The judge said there was evidence the Tucks had spent money from the team account on themselves, but added that essentially, from a business point of view, the Tucks “were” the Peterborough Huskies and evidence showed the money was spent on things like food and gas during team trips to help keep the organization afloat.
Broderick concluded the Tucks should have done a better job of keeping track of the money, but that itself does not constitute fraud.
The Tucks declined to talk to the media after leaving the courtroom.
Instead, Dave Tuck wrote on his Facebook page shortly thereafter: “To all the friends and family that supported me and Cathie. We are happy to announce that today a judge granted us a full acquittal. We are 100 percent innocent.”
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