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He lost a bid last month to have his charges tossed because of unreasonable delay.
But fraud suspect Dustin James Ritter won’t have to face his allegations in court after all, since the Crown has stayed his charges relating to a suspected $3-million fraud scheme.
Ritter’s trial was to begin this week on charges of fraud and possession of property obtained by crime over allegations by a Lethbridge man that he lost more than $3 million in a deal with RAEU Global, a Calgary-based investment firm.
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But last week the prosecution filed a letter with the court staying the charges.
As is the normal practice with the Crown’s office, prosecutor Brian Holtby declined to provide a reason the charges were stayed.
Ritter was charged along with co-accused Josef Korec in connection with the allegations filed back in 2020.
Korec also faced an additional charge of money laundering.
The allegations against Korec were stayed last month when Justice Catherine Skene agreed with defence counsel Yoav Niv that his client’s Charter right to a speedy trial had been breached.
But the Calgary Court of Justice judge dismissed a similar application by Ritter’s lawyer, Zachary Warne.
Skene found that despite an email by Korec waiving a crucial nine-month delay in proceedings, he didn’t have full knowledge of his right to a trial in a timely fashion when he agreed to an adjournment.
Korec’s trial was to begin June 3 and end on July 9, nearly a full four years from the date the charges against him were originally sworn on July 14, 2020.
Niv conceded nearly half that time was at the feet of his client, but argued 26.5 months of the time was attributable to the court, or the Crown and was beyond the presumptive 18-month ceiling set by the Supreme Court of provincial court trials.
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Prosecutors had argued nine months of that 26.5-month period was as a result of Korec waiving the period between when his trial was originally scheduled to end and the completion of a second trial date.
The day before a March 31, 2022, pre-trial conference in which Ritter was asking for an adjournment, a prosecutor sent Korec an email about the hearing and his co-accused’s application.
Korec responded he couldn’t attend but was fine with the trial being adjourned as he was unrepresented at the time.
The Crown then asked if Korec was waiving that period and he replied: “Yes, it is ok with me. Yes, I am confirming it.”
Skene agreed with Niv the exchange did not constitute a valid waive of the accused’s Charter right.
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