A Trail business operator and former Mayoralty candidate convicted of welfare fraud has lost his appeal.
Casey Lemoel was found guilty in 2022, sentenced to a nine-month term to be served in the community and ordered to pay back $27,873.82 in social assistance and disability overpayments he received between Sept 25, 2013 and June 27, 2018.
Lemoel represented himself at trial and contended that the judge failed to provide adequate assistance as required for anyone defending themselves without a lawyer.
Justice Riley dismissed that argument.
“Near the beginning of Mr. Lemoel’s trial, the trial judge gave him an explanation of the law and the manner in which the trial would proceed. This included an explanation of the charge, the essential elements of the offence, the presumption of innocence, and the Crown’s burden to prove its case beyond a reasonable doubt,” he wrote.
Justice Riley’s written decision also stated the judge continued to council Lemoel.
“The trial judge’s description of the process included a discussion of the examination and cross-examination of witnesses, the right to object to inadmissible evidence, and Mr. Lemoel’s right to call defence evidence, including the right to testify on his own behalf,” he added.
“As the trial progressed, the trial judge gave Mr. Lemoel further explanations of various steps in the proceedings and evidentiary issues that arose,” stated the written decision.
Lemoel’s assertion that he did not knowingly try to deceive social services, due in part to mental and physical ailments was also dismissed by Justice Riley and the other two judges on the appeal panel.
The trial judge ruled Lemoel didn’t disclose a business bank account while receiving benefits and determined the amount that was overpaid based on money that was deposited and promptly withdrawn.
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