B.C. trial underway over disputed $3.6-million lottery prize claimed by man who survived murder attempt

Franz Prokop wants the lottery winnings he claims are rightfully his, but you could argue Prokop has already won the lottery of life after surviving a bullet in the head from a murder attempt last year.

A civil trial is underway in B.C. Supreme Court as Prokop, a real estate agent and former municipal councillor in the Vancouver suburb of Maple Ridge, tries to wrest $3.6 million in lottery winnings from his former common-law wife's son, Peter Dushop.

Prokop alleges Dushop stole the Lotto 6/49 ticket from the home Prokop shared with Angelika Dushop and hid it for almost a year before it was cashed in, the Vancouver Province reported. He filed suit initially in 2008 but last year claimed his former spouse had actually discovered the ticket was a winner and hatched a plot with her son to keep it and claim the money.

Prokop told the court he never amended his suit to include Angelika Dushop because her son had actually collected the prize, the Province said.

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Prokop testified he bought the ticket in August 2007 at a supermarket while accompanied by Angelika Dushop.

However, Peter Dushop's lawyer challenged Prokop on the details of his purchases that day, saying his testimony differed from sworn statements he'd made previously.

"You were claiming to know what happened that day, but you were guessing at your usual practice," Wayne Murdoch said.

Prokop admitted guessing at some of the details, the Province said, because the statements were made long after the ticket was purchased and he wasn't paying close attention as he was talking on the phone.

"I understand you have $3.6 million in motivation to believe the ticket is yours, but that is not proof the ticket is yours," Murdoch said.

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In his statement of defence, Peter Dushop claims he bought the winning ticket himself and kept it until he claimed the prize, the Province said.

Prokop attended the trial in a wheelchair, still suffering the effects of the Aug. 31 shooting while he was visiting one of the properties he was listing for sale.

The shooter, whom RCMP describe as a turbaned Indo-Canadian man in his mid-50s who walked with a limp and drove a dark-coloured pickup truck, remains at large.

The motive for the shooting is also a mystery and no connection has been made to the dispute over the winning lottery ticket.

The Maple Ridge News reported last September the 19-acre rural property where Prokop was attacked previously housed a marijuana grow-op and a meth lab, and had been subject to several search warrants.

A trailer load of brand-name merchandise was set ablaze on the property in 2010 and eight people were arrested, the News said.

The trial, being heard by a judge alone, is scheduled to last 10 days.