A judge issued an arrest warrant Wednesday for wealthy Calgary businessman Ken Carter, 58, after he failed to show up at his sentencing hearing, because his lawyers say he's in Russia and can't travel home.
Carter’s lawyer Gavin Wolch asked for an adjournment, "so we can follow up and ensure that his health and safety are not at risk before he embarks on a long flight."
He added Carter can’t travel back to Calgary because of a medical issue, but didn’t reveal what the nature of the problem is, saying he did not want to disclose "very personal information" in open court.
“We have concerns with Mr. Carter returning to Calgary,” said Crown prosecutor Katherine Love. “Mr. Carter missed his return flight from London to Calgary prior to the medical issue.”
Love said an application for Carter to relinquish his passport was made earlier in this proceedings, but that was denied.
She told the court fight itineraries show Carter booked air travel knowing he had a sentencing date on more than one occasion. She said Carter missed his flight before the medical emergency happened and failed to provide an itinerary before going to Russia.
The judge said Carter will be directed through his lawyer to provide continued updates on his condition, his prognosis, treatment plans and expected date of his return to Canada.
In October 2018, a jury convicted Carter of criminal harassment along with retired Calgary Police Detective Steve Walton, 62.
Walton, along with his wife, 56-year-old Heather Walton, a former civilian member of the force, were found guilty of bribing police officers and improper storage of a restricted firearm.
Carter paid the private investigation firm run by the couple $800,000 to stalk his ex-wife, Akele Taylor, during a bitter custody dispute. Taylor filed a formal complaint in 2014.
The Waltons then paid several CPS officers to use police computers to dig up dirt on Taylor.
Alain Hepner, the lawyer representing the Waltons also asked for their sentencing to be adjourned saying it's preferable if they are all sentenced together. The judge in the case agreed with Hepner's application.
“Their cases are very closely interconnected, it would be very unusual for co-accused in these circumstances who have been tried together to be sentenced separately,” said Justice Glen Poelman. “I will not do so unless it becomes absolutely necessary due to Mr. Carters inability to attend.”
Justice Poelman also agreed to the Crown's application to issue a warrant for Carter's arrest if he happens to be caught travelling elsewhere.
The case returns to court at the end of August to set a new date for sentencing.
Three other police officers, Anthony Braile, Bryan Morton and Bradford McNish were also convicted and sentenced for similar corruption allegations.
