THUNDER BAY – A woman originally convicted of fraud nearly three years ago has been cleared of all charges.
On Monday the Crown formally withdraw charges against Kerry Wirkkunen, who in 2012 was found guilty in the Superior Court of Justice of fraud over $5,000 and subsequently sentenced to 15 months in prison.
Wirkkunen subsequently turned to the Ontario Court of Appeal, which accepted her application and ordered the Crown to retry the case.
Defence lawyer Neil McCartney said the court determined the trial judge had overlooked important evidence from a former co-worker who corroborated Wirkkunen’s account of events.
“The court of appeal expressed real concerns about whether there was sufficient evidence to establish her guilt,” he said.
The Crown attorney told the court he did not believe he would be able to convince a potential jury of Wirkkunen’s guilt beyond a reasonable doubt.
Wirkkunen was accused of defrauding about $200,000 from A.B.P Contracting between March 2008 and November 2009, when she worked for the company as a bookkeeper.
During the original trial she testified she had transferred the funds from the company to her personal accounts to withdraw cash and give to the employer. That claim was disputed in court by the employer.
McCartney had not yet spoken to Wirkkunen but imagined she will be happy the case has been put behind her.
“I’m sure she’ll be immensely relieved and feel vindicated,” he said. “She is the one who kept on fighting and kept on the fight when a lot of people would have given up, considered it too much effort and throw in the towel.”
