Winnipeg Free Press

Winnipeg Free Press (Newspaper) - April 23, 1981, Winnipeg, Manitoba 8 Winnipeg free press thursday april 23, 1981 judge rejects harpers motions for separate trials by Pamela Fayerman Katie Harper and her estranged husband Alexander George Sandy Harper will be tried together on murder charges a judge ruled yesterday. Or. Justice Guy Kraft rejected three defence motions in Manitoba court of Queen s Bench meaning that the harpers trial will go ahead As scheduled during the next Assize sitting which starts May 4. Lawyers for both accused said yesterday they May Appeal Kroft s ruling. The accused Are charged jointly with murdering mrs. Harper s first husband John Down in 1959. Katie Harper 48, was represented during this week s hearing by Hersh Wolch while Sandy Harper 62, was represented by David Margolis and Ken Zaifman. Rejecting the motion to quash the indictments against the harpers Kroft said he is satisfied the attorney general has the authority to prefer a direct indictment and that right should be unfettered by court interference. Zaifman had argued that the attorney general was acting procrastinator not a criminal judge decides by Pamela Fayerman provincial court judge Ian Ubienski yesterday told a Winnipeg Man he was the worst manager he d seen in a Long time then dismissed a theft charge against the Man. James Denis Kozak had been charged with stealing an elaborate swimming Pool piece by piece from the company he had managed. Judge Ubienski said he also thought Kozak was the world s Best procrastinator because since 1979, when he in stalled the Pool estimated to be Worth Between and he had delayed paying his former employer. Judge Ubienski said procrastination is not in itself a criminal offence and the matter of payment should be resolved in civil court proceedings. Court was told Patrick Maloney hired Kozak in 1979 to act As a full time manager for nor am Leisure products Ltd. Maloney an air Canada pilots testified Kozak wanted to buy a swimming Pool from the company but he said he was paranoid about Selling staff swimming pools so he told him to forget about it. Pool in backyard several months later Maloney said he Learned from a Workman that Kozak was installing a Pool in the backyard of his House on Lakedale place. When Complete the Large a shaped Pool and surrounding area included an eight foot diving Board Whirlpool and a telescopic Fountain. Kozak assured Maloney he would pay for the Pool but by year s end there still were no invoices to indicate he had made the of payment court was told. In december Maloney fired Kozak who still maintained the Money was coming. But Kozak left for a month s Holiday in Hawaii and in february 1980, Maloney went to the police. Defence counsel Lawrence Greenberg said there was no evidence of any criminal intent but there May be civil litigation to be resolved. Crown counsel John Parker agreed with judge Ubienski who said Maloney should have gone to police much sooner. The delay takes the matter out of the realm of criminal proceedings and into a civil Parker said. The judge said it was fair to conclude that on the basis of the evidence there was no intention to steal. The mess seemed to be created by poor management on both sides he added. By Max Steiman and sons auction Sale Canoe rental from one Day to one month or More weekend Friday evening to monday morning includes paddles. Phone or drop in for full details. We re your Complete canoeing and camping shop 433 St. Mary s Road 233-1730 of new Toro electric recharge Able cordless elec. Mowers with warranties new photo mate dry printers and Enlargers Quantity of ladies plastic costume watches men s quasar electronic wrist watch Quantity of new tools White colonial bed room Ste. Single bed. 3 sealer Green brocade Chesterfield chair Small Pool table new Corner cabinets China Cabinet Hutch Book cases stereo stands component stereos s speakers colonial table and 4 Kitchen sets. 30" Bronze White elec. Stoves . Fridge. Kmart Freezer cont. Bed almost new Kitchen table 4 swivel chairs old fashioned dressers Vani ties color Consol West. ., 2-portable 12" t.v., electric water cooler 2 Chil Dren s two wheelers 2 adult bikes chests of drawers fire screens Quantity of electronic manual adding machines manual electric typewriters elec. Fans Check writer desks comb. Record player paint rugs dishes White 4 sealer sofa. 3 Corner cabinets. 4 i Bach Kitchen chairs. Queen size bed spreads a Quantity of rugs plastic Beer kegs automotive truck bumpers Misc. Items Loo numerous to list. At Carter s not Tiki rooms 309 Carlton Street on Friday april 24th at . M. K. Steiman National association of auctioneers International society of appraisers phone 942-3397 liquor licensing Board a meeting of the licensing Board will be held on monday june 22nd, 1981, commencing at . At the head office of the commission 1555 Buffalo place Winnipeg Manitoba. To enable applicants to be heard at that meet ing formal application together with supporting documents As required by the liquor control act and regulations must be submitted to the Secretary of the Board at the head office of the liquor control commission by Friday May 15th 1981. A. T. Jackson Secretary licensing Board. Illegally by proceeding against Sandy Harper without a preliminary hearing while Wolch argued that the joint indictment was an abuse of process because the supreme court of Canada had ordered a new trial for mrs. Harper on the basis of the original indictment against her alone. Trial Date set in stabbing incident Anthony Fuga 53, husband of former Winnipeg City councillor Olga Fuga has pleaded not guilty to charges stemming from an incident earlier this month in which he allegedly stabbed a Man in the Abdomen. Fuga who is facing one charge of assault causing bodily harm and one of possessing a weapon for a purpose dangerous to the Public peace entered the not guilty pleas yesterday. A trial was set for aug. 4 in provincial judges court. Fuga who is out of custody on bail pending the trial was charged following a april 7 outside a Burrows a second Man Brian Wayne Rodericks 31, were jointly a f Skubovius try Clyde charged with being unlawfully in a dwelling House following Road was stabbed in the Abdomen. The incident. The pair have pleaded not Gusty to the Chargi Skubovius. 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