Winnipeg Free Press

Winnipeg Free Press (Newspaper) - July 31, 1969, Winnipeg, Manitoba Lawyer depends himself by Ken Pritchard Nassau up Vancouver lawyer financier a. G. Duncan Crux defending himself against a Canadian extradition Applina j Tion won a partial Victory i wednesday. Magistrate John Baily ruled that Crux cannot be extradited on 10 counts of publishing prospectuses knowing them to con Tain false information. He ruled that Canada had failed to prove its Case in the 10 j counts which have been before the court for two Days. Consideration of any of the 11 j remaining charges against Crux on any one or More of Rich he could be extradited was postponed until 30 . Today after Patrick Toothe Nas Sau lawyer representing can sea s Case applied for adjourn ment. I Toothe said he needed the i time to prepare an application to the Bahamas supreme court for a prerogative writ to deter mine a Validity of a ruling made by the magistrate lion . That ruling was that neither Canada nor Crux could present new evidence at the hearing j both were restricted by Baily to j putting before him evidence. From and arguing the merits five Bulky depositions for warded from Vancouver. The depositions contain Evi Dence and exhibits from a Lune hearing before magistrate har vey j. Sedgwick on the charges against Crux. Toothe argued wednesday As he had monday that the Baha Mas fugitive offenders act of 1967 gives both sides the right to submit evidence in addition to the depositions. Baily ruled wednesday that the evidence in the depositions i failed to prove that 10 prospectuses of diversified income se-1 Ciu tics ltd., a Vancouver Mu-1 Tual fund management firm once headed by Crux had Ever been a Prima Facie Case has not been proved under bahamian said Baily. I therefore refuse to permit the a curd to be extradited on these 10 the counts covering in differ ent periods from 1960 to 1968. Cause Crux and others of unlawfully publishing prospectuses of diversified income securities knowing they were false in some particular with the Inton lion of attracting Mutual fund investments. Toothe at once announced his move to get a ruling on the magistrate s ban on additional Vidt nce. The ban said tool he in vented us from calling Viva voc evidence in the cases just ruled to prove there was publication within the this makes it impossible for the applicant to said Toothe. Crux asked did my Learned Friend mean he cannot make a Case on replied Toothe this is not the Case. The ruling makes it impossible for me to continue because toe rights i have under j the 1967 act have been taken from me and i want them res Crux objected to the adjourn ment i if the material is not in the Rejto Sitione then there is no be declared. I Baily believed there i no Way to Appeal Bis monday ruling and be had no wish to change it. However he called for and received Lew Book on prerogative writs. Toothe declared that Crux a lawyer of 40 years standing should be familiar with it. J Baily promised a ruling this i morning on Toothe s application for a formal adjournment. In making his ruling monday. Baily said it appeared All Chi. Fence in the extradition Case had to conform to the evidence Laws of both Canada and the Bahamas. Since he had no knowledge of Canadian rules he was restricting the evidence to the depositions already before the court which had met the Ca Nordian test of admissibility. Toothe had planned to have Vancouver lawyer e. A. Alexan Der appear As an expert witness on each set of charges. Crux be fore the ruling had obtained assurances he would be Able to subpoena witnesses. Crux. 63, Lias been free on bail since his arrest Here june 3. Winnipeg free press thursday july 31, 1969 death ruled accidental Caernarvon. Wales a a Soldier killed in h mysterious truck explosion nine hours after the investiture of the Prince of Wales died accidental a Coroner s jury Lias ruled. Ronald Berry. 21. Had been arrested for drunkenness and locked a military Van con Taining two cans of gasoline. He died when the vehicle exploded in flames outside the Castle where the july 1 investiture of Prince Charles had taken place. At the time police the explosion was connected with Welsh nationalists protests and said this is a murder tomorrow Only . . At genders 291 Portage ave. And Polo Park each item Worth up to and More censers _ furniture personal shopping Only partial listing Only Fleetwood 10" portable . Ideal second set. Features hand assembled Chassis with Volt picture Power 60 so. In. Of View Able area built in Antenna. 7 pc. Ranch style Dinette includes a Large mar ble Arboite topped table and 6 chairs upholstered in Blue Green Stripe Vinyl. Mediterranean drum tables in Rich fruit Wood finish. Front 4 by doors open to reveal Large storage area. Each 4 pc. Bedroom includes single Dresser Mirror 4 drawer Chest and ;