The Quinte Regional Courthouse in Belleville. (Photo: Nicole Kleinsteuber / Quinte News)
The sentencing hearing of a Belleville woman who pleaded guilty to theft while she had power of attorney over her father took an unusual turn in superior court Friday after Justice Wolf Tausendfreund struck the plea down and sent the matter to trial.
In April 2016, 34-year-old Shelley Baker pleaded guilty after Hastings County Crown Attorney Jodi Whyte suggested investigations showed that between March 2012 and June 2014 the woman had taken tens of thousands of dollars from her elderly parents while they were living in the Belmont Long Term Care Facility. Baker only had power of attorney over her father, not her mother, however they had joint bank accounts. The Belleville police became involved after Baker’s sister reported inconsistencies in her parents’ financial records.
Sentencing was to commence Friday, after Whyte and Defence Lawyer Lee St. Aubin had come to an agreement that $55,000 was unaccounted for.
Whyte told court there was $36,000 in bank withdrawals from Bakers parents’ accounts and $35,000 in a maxed out line of credit and credit cards. $25,000 of the cash withdrawals were unaccounted for. Whyte said she believes the total amount taken to be closer to $75,000. Baker was still living in her parents’ old home at the time and statement of facts indicated she was paying for bills like Cogeco and Bell out of her parents’ accounts while the retirement bills racked up.
A pre-sentence report stated Baker does not admit to fraudulently mismanaging her parents’ money. The report said she admits to “spending, but not stealing” money she was entrusted Power of Attorney over. She stated the funds were being used for things that benefited her parents such as renovations. Defence lawyer Lee St. Aubin said his client did not admit to mismanaging her parents’ funds to the extent of $55,000.
Tausendfreund struck the guilty plea and adjourned the matter to July 29 to set a trial date. Baker will again face the initial theft and failure to execute power of attorney charges set against her.
Whyte told Quinte News at the superior level you rarely see things like this.
