No mistrial for con man responsible in romantic accomplice rip-off however can argue for keep


TORONTO – A person discovered responsible of defrauding his romantic accomplice misplaced his bid to have the choose declare a mistrial on Friday however will get the prospect to reargue his place that prices towards him needs to be stayed.

In her ruling, Superior Courtroom Justice Beth Allen rejected Shaun Rootenberg’s mistrial arguments which alleged she confirmed bias towards him.

“Mere hypothesis isn’t ample,” 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.

TORONTO – A person discovered responsible of defrauding his romantic accomplice misplaced his bid to have the choose declare a mistrial on Friday however will get the prospect to reargue his place that prices towards him needs to be stayed.

In her ruling, Superior Courtroom Justice Beth Allen rejected Shaun Rootenberg’s mistrial arguments which alleged she confirmed bias towards him.

“Mere hypothesis isn’t ample,” 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 throughout 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 speculate 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 truthful. 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 guts 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 didn’t 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.

“For my part, the way wherein the searches had been performed manifestly didn’t adequately shield my consumer’s privateness rights,” Badali stated in an e mail on Friday. “His rights below Part eight of the constitution had been thereby violated.”

That part protects towards 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 through the e-Concord relationship website in July 2013. She fell for the divorced father of two and thought they’d a future collectively.

After a month, Smith gave him $160,000 to put money into growing a web-based gaming enterprise referred to as Social Trivia. Quickly after, she gave him $435,000 to put money into 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.

This report by the Canadian Press was first printed on Oct. 18, 2019