The Regina Court of Queen’s Bench has thrown out a guilty plea entered by a former Saskatchewan feedlot operator in a fraud case involving four cattle co-ops.
For a guilty plea to proceed, there has to be a meeting of the minds between the crown and the defence on the facts surrounding the plea.
“It became clear during the sentencing there wasn’t that agreement. That has resulted in the expungement,” said crown prosecutor Dana Brule.
The case stems back to a complaint filed with the RCMP by Saskatchewan Agriculture in January 2000, shortly after provincial livestock inspectors shut down a Rocanville, Sask., feedlot operated by Brian McNary.
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Inspectors found about 1,750 head of cattle belonging to 40 members of four Moosomin area co-ops were missing. The co-ops involved were Valley Livestock Co-operative Ltd., Prosperity Cattle Co-operative Ltd., Hilltop Beef Production Co-operative Ltd. and Cutarm Valley Cattle Co-operative Ltd.
Loan balances for the missing cattle totalled $1.01 million. RCMP investigators later determined many of the missing cattle existed only on paper.
The province is out $587,000, the amount it had to compensate producers participating in the Livestock Loan Guarantee Program.
The remainder of the shortfall was picked up by two banks and the co-ops involved.
McNary has asked that the court appoint him a lawyer. That application will be heard on Jan. 13, 2009.
“It’s basically kind of starting over again,” said Brule.
“We’re expecting it may be set down for trial.”
