Pastuch counsel seeking new trial in financial fraud case

Alena Pastuch's legal counsel is requesting a retrial in the $5M fraud case. Sierra D'Souza Butts reports.

The defence counsel has requested to reopen the trial involving a Regina woman who pleaded guilty to financial fraud of close to $5 million.

Alena Marie Pastuch was charged in the theft of millions of dollars in an investment scheme dating back to 2006.

Pastuch entered a guilty plea in September 2024, after a joint submission from the Crown and defence presented a three-year sentence. Although sentencing was set to begin in March, it was delayed at the request of Pastuch’s current lawyer Christina Skibinsky.

On Monday at Court of King’s Bench, Skibinsky asked Justice Catherine Dawson for a jury trial to be considered in effort to reopen Pastuch’s sentencing.

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She argued that Pastuch’s former lawyer did not advise her a jury trial could take place before Pastuch pleaded guilty. In addition, Pastuch suffered from health issues because of it.

In addition to the defence’s request, the Crown asked the judge if Pastuch’s former lawyer, Chris Murphy, could be cross-examined.

The judge adjourned both requests until Dec. 12 to allow more time to review the submissions made by the defence and the Crown.

This would be Pastuch’s third trial if the case were to be reopened.

Pastuch’s prior conviction

Previously, Pastuch was convicted in 2019 for embezzling funds, for which she was sentenced to seven years in prison.

Pastuch represented herself in the case, and a new trial was ordered in 2022 after the Court of Appeal reversed the decision due to claims of a miscarriage of justice and error in fact and law.

This was partially due to a claim from Pastuch that the trial judge denied her application for court-appointed counsel to replace her lawyer who withdrew days before the trial was scheduled to start.

Pastuch’s retrial never occurred due to her entering a guilty plea in September 2024.

In March, Pastuch’s sentencing was delayed at the request of the defence, indicating it needed additional time to review disclosure and gather documents that supported Pastuch’s health claims.

Murphy, Pastuch’s lawyer at the time, removed himself from the case due to the “ethical position” he found himself in.

The delay in the sentencing was granted to allow Pastuch to find alternative legal representation, as well to allow enough time to provide medical documents that verify her current medical conditions.

Since that time, Skibinsky has been representing Pastuch.

-With files from Hallee Mandryk.