Former IWK CEO returns to court for retrial over fraud using hospital credit card

The former CEO of the IWK Health Centre in Halifax, Tracy Kitch, was back in court on Monday to face fraud charges.

Kitch was accused of allegedly using a hospital credit card for expenses like flights and other personal purchases, which amounted to around $47,000 overall.

When being appointed as the hospital’s CEO back in 2014, Kitch was given a corporate credit card, and acknowledged in writing that it was not for personal use, according to a previous decision.

After an internal investigation by the hospital back in 2018, Kitch was charged with fraud over $5,000.

Monday’s court proceeds were part of the second trial into the matter. In 2022 Kitch was convicted and sentenced to five months in jail for fraud over $5,000, but was released on bail pending her appeal which was heard on Mar. 7, 2023. That appeal led to the Nova Scotia Court of Appeal calling for a new trial.

The court said at the time the reason behind the decision was because the trial judge had failed to adequately explain the reasons behind the decision to convict Kitch in February of 2022.

"The judge's reasons do not reveal, even obliquely, how he applied these legal requirements to the facts of the case," read the decision.

"Although the judge reviewed the factual circumstances in his reasons, he did not explain how they supported his ultimate conclusion the Crown had met its burden... 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."

Monday’s court proceedings were the first day of the retrial, the crown brought forward their first witness, Kitch’s former personal assistant, Marie Allison Lucio, for testimony.

The crown reviewed several expense claims with Lucio, including multiple flight passes to Toronto, where much of Kitch’s family resides. Lucio explained the receipts were submitted using the hospital’s procedures.

Lucio’s testimony continued throughout the day, with the crown eventually completing its questioning.

The defence requested additional time to review documents before cross-examining the witness.

The trial is set to resume on Tuesday morning.