In the ongoing fraud trial of Sudbury contractor David Murray, Sudbury court heard June 20 from Det. Andrew Williams of Greater Sudbury Police, who spoke of financial records he obtained in his pursuit of criminal charges against Murray.
Murray is facing 35 counts of fraud over $5,000 dating back to May 7, 2016, and continuing through March 28, 2019.
Police say the total of the alleged frauds is estimated at $800,000.
You can find Sudbury.com’s full timeline of the case here. The trial resumed June 20 after a hiatus that began March 8, 2021.
Before the court for three years, and now featuring Murray’s fourth attorney, Toronto-based Stefan Peters, the case has suffered a number of setbacks, including three different defense attorneys and significant delays due to the COVID-19 pandemic.
Toronto Crown prosecutor, Patrick Travers, from the province’s Serious Fraud Office, told Sudbury court on June 20 that the Crown is on the brink of closing their case. There is only one motion left to argue before Crown rests, he said, which will be heard by Justice Louise Serré at the next trial date, July 4.
All but Williams and Serré appeared in court virtually.
The Crown alleges several Sudburians paid Murray and his EcoLife Home Improvements company for improvements to their homes and buildings, but little to no work had been done.
Williams testified he asked Murray during his investigation for an explanation of his business practice, and he testified Murray told him that the GreenON program was behind , therefore contractors were falling behind.
But Williams testified that while many contractors were having issues with the program, Murray was the “only one he got complaints about.”
“The complaints just kept coming,” Williams testified. “In my mind, if I pay someone a large amount of money and the work doesn’t get done, it’s fraud. I think if you enter into an agreement and you get paid to do it, you should do it (the work) and not take on new contracts.”
Williams also said he told Murray that “there are hundreds of contracting companies in Sudbury and his (Murray’s) was the only one we were getting complaints about.”
Travers questioned Williams about a business account at Scotiabank where Murray deposited payments from customers. However, that account also included other potentially non-business payments, such as $455 to ToysRUs.
Asked how he felt about such non-business payments being on a business account, Williams said that “when I read the records and I saw purchases at ToysRUs, liquor stores and restaurants, I came to the conclusion they had nothing to do with the home renovation business.”
Travers also introduced evidence that Murray had deposited some customer’s money into a personal Scotiabank account, and there were two other accounts, at CIBC and TD Bank, showing a negative balance at the end of 2018. There were also many notations on all the accounts for returned cheques due to insufficient funds, and overdraft service fees.
During cross-examination, Peters asked Williams if there was anything fraudulent about a business owner using a business account for day-to-day purposes.
“It doesn’t necessarily mean fraud,” he replied.
Peters asked Williams if Murray was the only contractor having trouble getting products delivered through the GreenON program. Williams said he did not check to see if that was the case.
Peters then asked about Williams media interviews and whether he told complainants in the early days that this was “a civil matter,” rather than a criminal one.
“That’s not accurate, I never said that it was civil,” said Williams, but added that “other officers were involved. One of them may have said that.”
Peters also asked Williams if the complainants appeared to be in contact with one another. He referenced a March 7, 2019, protest at Tom Davies Square, and asked if the pressure from the protest and media coverage pushed GSPS to charge Murray criminally.
Williams testified he “felt there were reasonable grounds to lay charges.”
Murray will next be in Sudbury court July 4 for what is expected to be three days or more of defence witnesses.
Jenny Lamothe covers court for Sudbury.com.
