The prosecution of a man accused of fraud against his now deceased boss has hit a wall.

Last week in Okotoks Provincial Court Crown prosecutor Richelle Freiheit stayed several fraud charges against Timothy Scheller, 39 of Turner Valley, due to a number of issues.

Freiheit said the case faced several challenges, including the death of the excavating company’s owner, Edward McBee who gave a statement to the Turner Valley RCMP before his death.

“Having a man pass away can make a prosecution very difficult, especially when a lot of the interactions were only witnessed by those two,” Freiheit said, referring to McBee and Scheller.

McBee, who lived in the MD of Foothills, operated Clear View Custom Earthworks and told police Scheller, as an employee, asked customers to write cheques directly to him, rather than to the company.

However, Freiheit said the matter is complicated because McBee may have owed Scheller money.

“It seems like there was a lot of dispute over who owed who what,” Freiheit said.

The company’s records also aren’t easily available. Freiheit attempted to contact McBee’s son, who is the executor of his will, but said she never heard back from him.

“We weren’t able to get the type of business records that would be able to support a prosecution,” she said.

Stayed charges can be brought back before the courts within a year of being stayed. After a year, if the charges are not pursued, they are dismissed.

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