Top court criticizes N.S. judge's handling of high-profile fraud case

Nova Scotia's highest court is critical of how a judge handled a high-profile fraud case.

In a decision released Friday, Justice Carole Beaton of the Nova Scotia Court of Appeal laid out the reasons behind the decision to overturn the conviction of former IWK CEO Tracy Kitch and to order a new trial.

Judge Paul Scovil of Nova Scotia provincial court convicted Kitch of two counts of fraud following a trial last February.

Scovil found Kitch guilty of fraud for charging thousands of dollars in personal expenses to a corporate credit card issued to the IWK Health Centre — the only children's hospital in the Maritimes.

Scovil sentenced Kitch to five months in custody, followed by a year of probation. She immediately appealed. The appeal was heard this March.

The three-member appeal panel headed by Beaton gave an immediate oral decision, overturning Kitch's conviction. The court promised written reasons at a later date, leading to Friday's publication.

Panel says judge failed to explain reasons

On Friday, the panel criticized Scovil for failing to provide the reasons for his verdict.

"The judge provided 'the what' — his conclusion of the appellant's guilt — but not 'the why' of how he made that decision," Beaton wrote.

"It is not possible to discern from the judge's reasons whether the law, which he both cited and is presumed to know, was properly applied."

The Crown has said any decision on whether to try Kitch for a second time would have to await the release of these reasons.