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New trial ordered for Sask. woman convicted of $5M fraud

Alena Pastuch shielding her face from cameras as she enters court on Tuesday, July 11, 2017. She was convicted of fraud in 2019, but this week judges ordered a new trial. (CBC - image credit)
Alena Pastuch shielding her face from cameras as she enters court on Tuesday, July 11, 2017. She was convicted of fraud in 2019, but this week judges ordered a new trial. (CBC - image credit)

A Regina woman convicted of defrauding investors of more than $5 million is getting a new trial.

Alena Pastuch was convicted in 2019 of defrauding about 80 investors of a combined $5.5 million.

She was given a seven-year prison sentence, and ordered to pay the money back within 12 years upon her release or face more prison time.

She appealed the decision and, this week, succeeded in having a new trial called.

In their decision, the judges didn't take issue with the evidence presented in the original trial. During that trial, court heard that Pastuch convinced people to invest in child protection software, but that money was instead used the money to live a lavish lifestyle.

"The Conviction decision is very thorough. It reviews the law, distils the evidence, and applies the law to the facts," reads the ruling of the three Saskatchewan Court of Appeal justices.

However, they said her trial appeared unfair because she did not have a lawyer at the time.

"I am deeply troubled by the impact of this decision on the many investors who suffered losses and will now continue to await an answer from the courts as to Ms. Pastuch's criminal liability. However, Ms. Pastuch's right to a fair trial in accordance with the law, like that of every person accused of having committed a crime in Canada, must be vindicated," read the ruling.

Pastuch had been represented by lawyers, but they withdrew at various points leading up to the trial. Pastuch's request to have another legal aid lawyer appointed was rejected, and she represented herself at trial.

In her appeal notice, Pastuch said she did not understand some of the charges against her and could not understand the financial evidence, making it impossible to defend herself fully.

Pastuch's current lawyer, Chris Murphy, says this is about the rights of all Canadians.

"She, just like anyone else in this country, is entitled to a fair trial. And the Court of Appeal confirmed that there is at least an appearance that she did not receive one," Murphy said.

Murphy said he spoke to Pastuch following the ruling this week.

"She's very relieved to have a new trial be ordered. She's just relieved that the court identified that there was an appearance of unfairness at her trial," he said.