Tracy Kitch。照片：职业女性互动
Former IWK Health Centre CEO Tracy Kitch is appealing her conviction for fraud over $5,000, arguing the trial judge failed to explain how using a corporate credit card for personal expenses is dishonest behaviour.
Kitch used flight passes for personal travel to and from Ontario and used her corporate credit card as head of the children’s hospital to pay for taxis, Netflix, iTunes, data overages, and more, asfirst reported by Michael Gorman at CBC in 2017。The personal expenses totalled about $47,000. Tim Bousquet has the full details在哈利法克斯审查员中。
Nova Scotia provincial court Judge Paul Scovil convicted Kitch of fraud in February 2022.
“The evidence before the court clearly showed that Ms. Kitch used corporate funds for personal expenses, placing IWK funds in potential peril,” Scovil wrote in hisdecision。
But in a notice filed in Nova Scotia Court of Appeal on Tuesday, high-profile Toronto defence lawyer Brian Greenspan, along with colleague Michelle Biddulph, argues the evidence wasn’t so clear.
具体而言，格林斯潘（Greenspan）和比德尔夫（Biddulph）认为斯科维尔（Scovil）：“在这种情况下，如何使用公司信用卡用于个人支出的情况是如何将合理的人认为是不诚实的行为；”“关于上诉人是否主观意识到她正在采取不诚实行为，这可能导致剥夺或对他人造成经济伤害的风险；”“未能就欺诈的价值做出任何发现，包括他认为不是合法的商业费用的费用是否超过5,000美元；”而且“没有发现上诉人是否打算以公共利益以外的其他目的使用其公职办公室采取任何行动。”
斯科维尔“未能分析针对犯罪要素的审判中提出的证据，而对定罪的依据最少的解释只达到了罪恶感，”格林斯潘和比德尔夫写道。
“This is insufficient to permit this Court to understand why, in the context of the evidence as a whole, the trial judge arrived at his conclusion with respect to criminal wrongdoing as opposed to a breach of organizational policy.”
除其他原因外，律师还指出，斯科维尔的“调查结果反映了对证据的误解和未能考虑相关证据的误解”，指出他的决定中涉嫌事实错误。
律师要求法院推翻斯科维尔的定罪和无罪释放，或者给予她新的审判。
Greenspan and Biddulph make multiple references to a conviction for breach of trust. While Scovil argued, “There can be no doubt that the flagrant abuse of flight passes and credit cards are a marked departure from her position of public trust,” he granted a conditional stay on that charge based on case law.
Kitch is due in court for sentencing for fraud on August 10.
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You got to be kidding me? It is not only the CEO but the 2 or 3 Board Chairs who approved the expenses in question; all involved had the business experience and acumen to know what they were signing/approving. It would nice to see those who signed off her expenses show some accountability and dare I say some responsibility for their actions.
” …the trial judge failed to explain how using a corporate credit card for personal expenses is dishonest behaviour.’ Seriously? Talk about entitlement.
事情是它可能对她有用。这就是为什么律师得到的$$他们可以用直面的面孔说出来的原因。
一个晚上，我正在加油，我很累，然后错误地进入了我的工作签证卡以支付30美元左右，我立刻意识到自己的错误，第二天早上我就去了会计并偿还了，我仍然几乎被解雇了。