The lawyer for a 91原创 road builder convicted of fraud abruptly quit Wednesday morning, delaying a sentencing hearing in Surrey Provincial Court.
Matthew Brooks pleaded guilty in January to fraud over $5,000.
Crown prosecutors have said they are seeking a four to six year jail term for Brooks, who was president of Aggressive Roadbuilders.
But before a sentencing hearing could begin, Brooks鈥檚 lawyer Paul Del Rossi announced he could no longer represent his client.
鈥淚 do not have adequate instructions,鈥� Del Rossi said. 鈥淚鈥檝e made best efforts to have Mr. Brooks come and see me.鈥�
鈥淚 have been unable to pay the full amount he鈥檚 looking for, and I鈥檝e been unable to get in there [to speak to Del Rossi] on work days,鈥� Brooks told Judge Danny Sudeyko.
He asked for an adjournment to seek a lawyer or legal advice.
The prosecutor was not pleased with the idea of a further delay, almost two years after charges were laid.
鈥淭he Crown鈥檚 ready to proceed, as it has been since the plea was entered in January,鈥� said Crown counsel Brian McKinley.
He listed the many, many delays that have taken place since charges were laid in early 2015, following an investigation of Aggressive Roadbuilders by the RCMP Federal Serious and Organized Crime Section.
Although charges were laid in Feburary, it wasn鈥檛 until June of 2015 that Brooks was arraigned. There were also long waits for other hearings, and problems with the Crown scheduling witnesses in 2016.
鈥淢r. Brooks has had plenty of time to get his affairs in order,鈥� McKinley said. 鈥淭he Crown鈥檚 opposed to giving him any more time.鈥�
However Sudeyko was reluctant to start the hearing with no lawyer for Brooks, given the lengthy sentence proposed.
In the early- and mid-2000s, Aggressive Roadbuilders was a major company working on contracts for various local municipalities, including 91原创 and Surrey.
The company build a $1.9 million stormwater control upgrade for 91原创 City and Township near the 91原创 Bypass, and build roads and sidewalks on a $3.1 million contract with the City of Surrey.
But in 2008, the Bank of Nova Scotia petitioned for Aggressive to be declared bankrupt in court. Aggressive owed the bank more than $6.4 million, plus interest, according to the bank鈥檚 claim.
The criminal investigation began shortly after bankruptcy proceedings.
Also charged in the same fraud case was Kirk Roberts of 91原创, Aggressive鈥檚 controller-bookkeeper at the time. He is scheduled to go on trial before a jury on Nov. 20 in New Westminster.
A new sentencing hearing has been scheduled for Brooks for the afternoon of Oct. 23 in Surrey Provincial Court.
