Casey Lemoel appears in this 2022 photo.

Image Credit: FACEBOOK: Casey Keith LemoeL

A West Kootenay man convicted of benefit fraud for running a handful of businesses while collecting $28,000 of disability payments has lost an appeal to overturn his conviction.

According to an April 17 BC Court of Appeal decision, Trail businessman Casey Keith Lemoel argued he had an unfair trial as the judge didn't give him adequate assistance in court as he chose not to hire a lawyer and fight the fraud charge himself.

However, the panel of three justices at the BC Court of Appeal disagreed finding the judge had given Lemoel sufficient help throughout the six-day trial, where Lemoel represented himself with the help of his father.

"One must consider the judge’s reasons in context. Mr. Lemoel was charged with welfare fraud. He had submitted an application for social assistance and was told that he had to disclose all income and assets. He did not," Justice Paul Riley said in the decision.

The issue dates back to 2012 when Lemoel applied for social assistance telling the Ministry of Social Development and Poverty Reduction he only had $20 to his name and no income.

He was approved to receive $610 per month in social assistance, and from February 2012 through to June 2018 told the Ministry he had no employment or business income.

However, Lemoel was running multiple businesses at the time.

The decision said he ran Mike’s Plumbing and Heating, the Gulch General Store, the Neighbourhood News, Kootenay Moving and Junk Removal and Dirtbusters, and made "no apparent effort to conceal his involvement in these businesses."

Over the six years, Lemoel paid $345,532 into his Scotiabank account.

"Many of the deposits were in the form of cheques payable to Mr. Lemoel’s businesses. The account records, later seized by warrant, showed a pattern in which deposits were often made into the account, and then amounts corresponding more or less exactly with those deposits were withdrawn from the account in cash," the Justice said.

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By 2018, the Ministry believed he wasn't telling the truth about his income and assets, and began investigating.

That same year, Lemoel ran in the municipal election to be mayor of Trail but came in last place with 69 votes.

Lemoel then admitted he had a business but gave details for an empty TD bank account.

"Mr. Lemoel repeatedly failed to disclose the Scotiabank account in telephone conversations and written correspondence with the Ministry," the decision read.

He later admitted to the existence of the Scotiabank business account.

The Ministry found it had paid him $122,587 over a five-year period, which resulted in an $27,873 overpayment.

In 2022, Lemoel was convicted of fraud, but avoided jail and instead was given a nine-month conditional sentence order. He was also ordered to pay back the $27,873.

In appealing his conviction, Lemoel, who represented himself, argued that the judge at his trial didn't give me enough help.

However, the appeal court didn't buy it.

"I do not accept Mr. Lemoel’s submission that the trial judge failed to provide sufficient assistance... the judge provided Mr. Lemoel with a thorough explanation," the decision read.

He also argued his cognitive difficulties weren't taken into consideration during the trial, he was given a three-week adjournment so he could though call two medical experts to testify.

Lemoel argued this had led to an unfair trial.

However, none of the Justices were swayed.

"None of the points raised by Mr. Lemoel resulted in any trial unfairness. Considering all of them together does not alter that conclusion," Justice Riley said.

Ultimately, the court dismissed the appeal.

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