A Penticton judge ruled today, April 23, 2018, Michael Elphicke must appear in person during his sentencing hearing.

(STEVE ARSTAD / iNFOnews.ca)

PENTICTON - The co-accused in a scheme that cost Penticton hockey families thousands of dollars will have to appear in Penticton court in person for his sentencing hearing.

Michael Elphicke was found guilty of fraud and theft over $5,000, and unauthorized management of a lottery scheme for his part in a fraud between July 2011 and February 2012 involving Penticton hockey parents and a planned hockey tour to Europe.

Elphicke wanted to hear his sentence by video because he has chronic and acute health issues but Judge Austin Cullen wouldn't accept that.

Elphike's lawyer, James Pennington told the court Elphicke’s health was too fragile to risk his travelling to Penticton for the hearing. He said his client suffered from diabetes that resulted in a partial amputation of his foot last October, as well as having to undergo dialysis for eight to 10 hours, three times weekly.

A letter from Elphicke’s doctor spoke of potential damage to Elphicke’s health should he be required to perform excessive travelling.

Crown Prosecutor Patrick Fullerton said he anticipated calling evidence from corrections facilities personnel regarding their ability to look after prisoners with health issues, calling defence’s application moot under those circumstances.

He noted Elphicke’s doctor did not quantify Elphicke’s risk of travelling, calling the doctor’s letter “bare assertions.”

Fullerton also noted Elphicke was not currently bedridden.

Judge Cullen also observed the doctor’s letter did not recommend “excessive” travel, noting the letter was not specific.

He also found no evidence Elphicke’s dialysis treatment would be interrupted while travelling to Penticton, noting Elphicke’s health interests weren’t enough to outweigh public interest in having the accused present through all aspects of his trial. He dismissed Elphicke’s application.

The matter returns to Penticton court on May 7 to fix a date.

Loren Reagan, co-accused in the fraud, is in custody awaiting trial on similar charges.

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