Alena Pastuch fraud sentencing adjourned after she fires her lawyer

A woman who defrauded clients of $5.5 million has fired her lawyer and delayed her sentencing by at least another month. 

Alena Pastuch pleaded guilty to a single count of theft of money, property of corporate or other private investors of a value exceeding $5,000, for her role in a scheme that dates back to 2006 and defrauded more than 80 investors of $5.5 million. 

Pastuch's lawyer Chris Murphy and Crown prosecutors had previously agreed to a joint submission for a 3.5-year prison term. Pastuch was scheduled to be sentenced on Monday at Court of King's Bench in Regina.

The hearing was almost immediately derailed as Justice Catherine Dawson was informed that Pastuch had fired Murphy, who had represented her for the past five years, on Friday evening.

On Monday, Murphy's associate sought permission to withdraw as Pastuch's attorney of record, citing a breakdown in the solicitor-client relationship.

That request was ultimately granted.

Pastuch's pro-bono lawyer Christina Skibinsky said she decided to step in after being informed by Pastuch that Murphy's law firm had not taken Pastuch's medical situation seriously.

The court was told that Pastuch suffered from gastrointestinal, dental and mental health issues. Skibinsky presented letters from Pastuch's doctors that lay out how she would not be able to receive proper treatment in prison.

Justice Dawson was also told that Pastuch's ailments had gotten worse. Pastuch, who is not in custody, appeared by phone on Monday.

Skibinsky requested an adjournment so that the Pastuch could receive treatment and explore the possibility of withdrawing from the join sentencing submission.

Crown Prosecutor Dana Brûlé strongly opposed the request, describing how Pastuch has a history of firing her legal counsel and complaining about health concerns.

"[This is] another delay by Miss Pastuch," Brûlé said.

Lengthy legal process

Pastuch was previously convicted in 2019 for embezzling funds.

Starting in 2006, Pastuch had convinced people to invest in child protection software, but had used the money to live a lavish lifestyle instead.

She was sentenced to seven years in prison.

Leading up to the trial Pastuch fired multiple lawyers, including legal-aid and court-appointed counsel. She even fired her lawyer just days before the trial was scheduled to begin.

The court declined to appoint a third court-appointed lawyer and directed Pastuch had to represent herself. 

The Court of Appeal ultimately concluded that the trial appeared unfair because Pastuch did not have legal representation.

A new trial was avoided when Pastuch when entered a plea of guilty to the theft charge.

Sentencing delayed until April

"The justice system requires that justice be proceeded with in an expeditious manner," Brûlé said on Monday. 

"We would ask that this court exercise its discretion, reject the adjournment and sentence Miss Pastuch."

After a lengthy period of consideration, Justice Dawson accepted the adjournment request.

It's not clear if Pastuch will continue to be represented by Skibinsky, who said Pastuch did not have the financial ability to pay her. Dawson urged the two to consult with legal aid about payment.

Dawson has now set sentencing for April 22.

Any applications by Pastuch or her lawyer are to be submitted by March 28 and Dawson said Pastuch must be in court in April, unless granted leave.