In what circumstances will a judge deny committal of an allegation of fraud against an elderly fraudster?
British Columbia, Canada
The following excerpt is from United States of America v. New, 2015 BCSC 2202 (CanLII):
In United States v. Toren, Willcock J., as he then was, made clear that his concern was the availability of the evidence, not its reliability. The person sought had allegedly committed telemarketing fraud on elderly Americans by having them pay fees to join a fraudulent lottery ticket scheme and pay for tickets that were not actually purchased. It transpired that many of the elderly complainants had died, although their evidence was still contained in the ROC proffered in the committal hearing. With respect to other of the complainants, their statements had been taken almost a decade earlier and it was far from clear that they could testify to events occurring so far in the past. The prosecuting attorney had not canvassed the ongoing availability of the evidence, and on that basis Willcock J. denied committal.
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