Skip to content

Zachary may have honestly believed what he did was OK, says judge

There was 'very little, if any attempt at secrecy' on former Essar Centre events manager's part
2016-05-08 Janes Walk DMH-14
The Sault Ste. Marie Court House is pictured in this file photo. Donna Hopper/SooToday

A judge said Wednesday that he thinks Trevor Zachary may have "honestly believed" his actions, that resulted in criminal offences, were appropriate for his job as the Essar Centre's marketing and events manager.

While many of these actions "certainly amounted to fraud and forgery," there was the mitigating factor that "some lie either within or just outside the narrow line which can be described as administrative error and criminal activity," Superior Court Justice Norman Karam said.

What Zachary did, "although excessive and beyond the parameters of his authority, occurred because he may have honestly believed that these actions were appropriate and within the discretion granted him with his position."

Zachary, 43, pleaded guilty Wednesday to forgery and three counts of fraud under $5,000, offences that occurred between January 2008 and May 2013.

Karam granted him a conditional discharge, placed him on probation for six months and ordered him to make $20,000 restitution to the municipality.

The former city employee is required to pay $5,000 "forthwith" and the remaining $15,000 as part of the probation order. He must also do 40 hours community service.

Zachary's job involved promotion and managing the city's recreational facilities. He was responsible for dealing with promoters, coordinating events and booking ice time.  

He had spending and purchasing authority and a personal corporate credit card.

"There appears to be no issue that he was empowered and had considerable discretion to make expenditures associated with his duties," Karam said in a transcript of the reasons he gave in court Wednesday.

The judge said from the evidence he heard, he had the impression that there were no specific guidelines or understandings regarding Zachary's expenditures, other than a $2,500 credit card limit, which he didn't break.

During a pre-trial Karam conducted last week with prosecutor David Kirk and defence lawyer Bruce Willson, and in a plea synopsis presented Wednesday, evidence was disclosed that Zachary reduced ice fees for the arena on numerous occasions and sometimes charged no fees for ice time.

He gave free or reduced costs to minor hockey teams that he coached or his son was a member of, to an adult team he played on and to an annual hockey tournament he organized.

"There is little doubt that this resulted in a loss of revenue for the city," Karam said.

The judge also heard Zachary submitted invoices falsely describing payments, "which amounted to forgery."

These included a donation to Algoma University for a golf fundraiser he played in, registration for a 3 on 3 hockey tournament involving a team he coached, at least three restaurant meals ($50 to $80 each) and a $224 hotel bill.

As well, there were expenditures for team regalia and seats for various events.

Karam said that as a matter of common sense, Zachary "should certainly have realized he was not permitted to take the liberties he did, nor should he [have] misdescribed these activities so that he could fit them into what he knew was permitted."

However, he noted there appeared to "be very little, if any attempt at secrecy" on Zachary's part

Zachary always used his own name for ice rentals and the actual price, made the rentals on a city system — which supervisors could check — and when using his corporate credit card, made it apparent he was responsible for the expenditures, the judge said.

Karam also said "there were no badges of fraud," such as direct cash benefits to the accused.

The Crown called for convictions on the charges and a six-month conditional sentence, which would be served in the community, and the $20,000 restitution.

Karam said he carefully considered the prosecution's submission, noting the offences were a breach of trust, where deterrence and denunciation are paramount sentencing considerations.

"However, I am satisfied that nothing would be accomplished in this case by imposing a term of imprisonment or a conditional sentence," he concluded.

Zachary lost his job with the city and the court proceedings, which have taken four years, have resulted in public humiliation for him and embarrassment for his family, the judge said.

The accused's guilty pleas demonstrated his remorse, Karam said.

He also pointed to Zachary's Charter application for a stay of proceedings because his matter has taken so long to get to trial  .

The application is still outstanding, and Karam suggested Zachary's chance of success, since it took almost four years for his case to get to trial, was "extremely high."

Zachary's jury trial on 18 charges was slated to begin next Monday.

EDITOR'S NOTE: SooToday does not permit comments on court stories


What's next?


If you would like to apply to become a Verified reader Verified Commenter, please fill out this form.



About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
Read more