A person discovered responsible of defrauding his romantic associate misplaced his bid to have the choose declare a mistrial on Friday however will get the possibility to reargue his place that fees in opposition to him ought to be stayed.
In her ruling, Superior Court docket Justice Beth Allen rejected Shaun Rootenberg’s mistrial arguments which alleged she confirmed bias in opposition to him.
“Mere hypothesis shouldn’t be enough,” Allen stated. “I retained an open thoughts in my deliberations.”
Allen had beforehand rejected Rootenberg’s software to remain the case and located him responsible in July of defrauding Victoria Smith, a divorced mom of two, out of $595,000.
Proof in the course of the nine-day trial that started in Could was that Smith had given Rootenberg, of Thornhill, Ont., the cash in September and October 2013 to take a position on her behalf. As a substitute, Allen discovered, the 51-year-old had used the funds to purchase himself a brand new BMW and repay playing money owed, amongst different issues.
Rootenberg’s lawyer Bryan Badali had beforehand conceded the trial itself was honest. However, he argued the “excessive treatment” of a mistrial was justified by earlier points, a place prosecutor Mitchell Flagg opposed. A mistrial was an “inappropriate and disproportionate treatment” within the circumstances, the Crown stated.
Allen agreed, saying impartiality goes to the center of the judicial system and allegations of bias should transcend mere suspicion. As well as, she stated, a mistrial was a “treatment of final resort” and Rootenberg had did not show his case.
On the identical time, the justice agreed to permit Rootenberg to reargue his software to remain the proceedings, primarily due to how he was strip-searched throughout his incarceration on the Toronto South Detention Centre.
“In my opinion, the way wherein the searches had been performed manifestly did not adequately shield my shopper’s privateness rights,” Badali stated in an e mail on Friday. “His rights beneath Part eight of the constitution had been thereby violated.”
That part protects in opposition to unreasonable searches.
Allen put aside three days on the finish of November to listen to the brand new keep software.
Proof at trial was that Rootenberg, passing himself off as Shaun Rothberg, met Smith by way of the e-Concord relationship website in July 2013. She fell for the divorced father of two and thought that they had a future collectively.
After a month, Smith gave him $160,000 to spend money on growing a web based gaming enterprise known as Social Trivia. Quickly after, she gave him $435,000 to spend money on mortgages.
About 18 months into the connection, a shocked Smith found her love curiosity was Rootenberg not Rothberg, a convicted fraudster who had frolicked in jail.
To find him responsible, Allen stated it was clear Rootenberg had diverted funds for his personal private use.
Rootenberg can also be a key determine in one other case wherein a former medical officer of well being in Sault Ste. Marie, Ont., Dr. Kim Barker, claims he preyed on her vulnerability.