Winnipeg Free Press

Winnipeg Free Press (Newspaper) - April 25, 1981, Winnipeg, Manitoba Winnipeg free press saturday april 25, 1981 Manitoba to continue Battle to bring Kasser to trial by Mary Ann Fitzgerald the Manitoba government is continuing its Battle to bring Alexander Kasser to trial for fraud in Austria in the Churchill Forest industries Case even though its lawyers say a civil settlement thwarted earlier attempts. In july the austrian court of Appeal dismissed criminal charges against Kasser 72, in connection with fraud involving the cf1 project at the Pas. The court did not cite the civil Settle ment in dismissing the charges. However both Gil Goodman Assis Tant Deputy attorney general and Al exiled unionists rap Junta two exiled salvadoran unionists condemned the Junta of Napoleon Duarte yesterday while in Winnipeg. Alfonso Martinez former Secretary general of the federation of Trade unions in Al Salvador who left the country in november said Durate s regime has already killed Salva Doran workers infiltrated Union locals and had Union leaders assassinated. Martinez who was in Winnipeg with Mario Nerio Secretary of Al Salvador s committee for Trade Union Unity until being exiled 2% years ago said Salva Doran workers trying to unionize have always been repressed but since 1980, the persecution is the worst in 50 years. Forces of Duarte s Junta Are not Only persecuting workers but also intellectuals teachers and the Catholic Church Martinez said. He also condemned . Military intervention in Al Salvador and scoffed at the american assertion that cuban arms Are being infiltrated to the revolutionary forces there. Dick Martin president of the Manitoba federation of labor who was also at the press conference said the Mil and the Canadian labor Congress Are supporting the revolutionary forces in Al Salvador with Medicine food and clothing but not weapons. 2 killed in City traffic mishaps Trevor Macklin 21, of valour Road was one of two men killed in separate traffic accidents in the City today. Police said Macklin was either push ing or Riding a bicycle at . Eastbound on Wellington Crescent near Renfrew Street when a westbound ton truck crossed Over the Boulevard and struck him. Macklin was pronounced dead on arrival at Misericordia Hospital at . A youth 17, was pronounced dead at the scene of a car motorcycle collision at . At the intersection of Highway 1 and Archibald Street. Police said the victim was either the Driver or the passenger of a motorcycle westbound on Highway 1 that came in collision with a car stopped for a red Light at Archibald. A second youth on the motorcycle also 17, was taken to Hospital. No names have been released Pend ing notification of next of Kin. Mcgregor the government s special criminal prosecutor in the Chi affair say sources indicate the civil Settle ment was the reason for the dismissal of charges against Kasser. The civil settlement representing All the Money the government believes it can retrieve was reached late in 1979 to Settle All outstanding claims against Kasser and 22 other people and companies. It should not have affected the criminal proceedings under Law but people on the scene feel that it did. I think there should have been a civil settlement but i stressed it would t be beneficial to the criminal proceedings James toe press and it Mcgregor said in an interview. Despite the settlement and the More than million in Legal Bills incurred by the government in civil and Crim Inal proceedings in the Chi affair the two lawyers say the government wants to determine if further charges can be pursued in Austria against Kasser. They emphasize the government s renewed efforts in Austria Are second Ary to attempts to bring three other Chi principals Oskar Reiser Alfred Zingre and Kurt Wuest trial in Switzerland for their part in the alleged w6.million fraud. Swiss and austrian citizens cannot be extradited for trial in Canada but under treaties the two countries absorb the costs of prosecution for of fences committed elsewhere in return for not having to extradite citizens. The attempts in Austria will not add much to the million in Legal Bills the lawyers say. Or. Wilhelm Steidl the government s lawyer in Austria has declined to make any comment on the dismissal of earlier charges or on the prospects for new charges. We Are trying to determine from Austria whether that court decision meant the end of All Goodman said. Fitness in action students from or. D. W. Penner school in St. Vital held a fitness and gymnastics demonstration at St. Vital shopping Centre yesterday. The demonstration was part of the St. Vital school division s vitality in education. Activities continue at the shopping Centre today. Physician backs Resolution on scalding a Winnipeg physician last night urged the provincial government to heed a Resolution from the Consumers association of Manitoba asking for legislative changes to reduce the number of accidental scalding occurring in the Home. Or. Richard Stanwick of children s Hospital told the annual business meet ing of the association that at least 350 children require some form of Hospital treatment annually in Canada due to accidental scalding according to data he has gathered. He said about 100 of those children require Hospital treatment because of the severity of the Burns. Stanwick also said disabled persons and the elderly suffer from the same problem of accidental scalding but there Are no current statistics or projections. Amend building code the consumer s association Resolution Calls on the minister of labor to Amend the provincial building code to make it mandatory for All hot water tanks in single family dwellings to be set at c. The Resolution also asks the province to require All nursing Homes Homes for the aged and All Multi family dwellings be fitted with temperature controlling mixing valve fixtures in All washroom facilities. According to the association two Manitoba children have died in the last five years from injuries sustained due to scalding tap water. Stanwick said Young children Are susceptible to scalds More than adults because they have slower reaction times. He said a Young child tends to freeze after step Ping into extremely hot water instead of quickly pulling away As an adult would. He said Many Utility companies have recognized the problem and have tried to educate the Public. Manitoba Hydro Winnipeg Hydro and greater Winnipeg Gas have issued information pamphlets showing How to safely turn Down hot water tanks. Stanwick said aside from safety con Cerns the Public should be turning the tanks Down to realize True financial ironically it May be the financial crunch the concern for safety that will stimulate people to turn the heat other resolutions passed by the association last night included a request of the provincial government to allow Manitoba Telephone system subscribers the right to use purchased phone equipment without additional fees. The association also passed a Resolution asking the City of Winnipeg and the province to develop a uniform policy for restaurant inspection. The Reso Lution also requested names of restau rants be published As soon As they received a mandatory cleanup order. Man gets despite killing judge says not guilty verdict Means Leclerc has rights of survivor ship by Pamela Fayerman a Man who beat his wife to death in 1979, but was found not guilty by reason of insanity is entitled to from the Sale of their jointly owned House a court of Queen s Bench judge ruled yesterday. In the precedent setting decision or. Justice John Hunt noted it is an established principle of Law that wrongdoers should not profit from their crimes. He said while it is agreed Roger Joseph Leclerc killed his wife he was found not guilty of manslaughter by reason of insanity. But judge Hunt said the verdict Means there was no unlawful act. Leclerc who has been held in Selkirk mental Heath Centre since septem ber 1979, is therefore entitled to the rights of survivor ship in this Case the proceeds from the Transcona House which until now have been held in Trust by the Public trustee of Manitoba. Application rejected judge Hunt rejected an application by the parents of the deceased woman for a share of the proceeds of the Sale. One must have sympathy for their the parents position. Her husband killed their daughter. He should not Benefit from her death if caused by his unlawful or wrongful he said. Trustee lawyer Peter Jachetta said yesterday there is no identical Case Law. The parents of the deceased woman opposed Jachetta s application to turn the proceeds Over to the grounds his act was felonious and unlawful and he should not Benefit from it. The parents also argued that As next of Kin they should inherit at least her interest in the property. Leclerc 35, killed his wife on sept. 29, 1979, by kicking and beating her until she fell to the floor of their Harvard Avenue House unconscious. Mrs. Leclerc 32, was pronounced dead the same Day. Cause of death was Given As massive Hemo raging and trauma. Leclerc a Sheet Metal worker for a Transcona roofing company at the time told a psychiatrist he believed his wife was possessed by the Devil and he wanted to beat it out of he also believed that he May be Jesus Christ. Court was told subsequent inter views with Leclerc who was diag nosed As having Schizo effective pay have indicated he realizes he was sick at the time of his wife s death. He has expressed remorse Over the incident and told doctors he prays for his wife every night. Under the provisions of the mental health act the Public trustee is automatically appointed As the committee of the estate for people under detention for lengthy periods Iri mental institutions. Jachetta said it is the trustee s duty to protect the estate and assets of such individuals. Parents of the deceased women could not be reached for comment yesterday. Mcgregor says he has sent some documentation involving some new Evi Dence to the austrian ministry of jus Tice to assess the chances of pressing further fraud charges against Kasser. The proposed charges would involve two different companies involved in the construction of the pulp and paper Complex at the Pas in the late 1960s. Goodman said he does not think the civil settlement will influence proceed Ings in Switzerland. We appear to have support from the court officials in where he says the Canton of Thurgau has set aside for proceedings relating to three other principals involved in the Chi affair he said. Mcgregor has cited the fact that the Swiss courts aware of the austrian Appeal court decision have directed their supreme court to proceed in investigations against Reiser Zingre and Wuest to determine if they should be brought to trial. Earlier this year Switzerland sent an investigatory court to Manitoba to take evidence from 10 men involved in the Chi Case but were stalled by court actions attempting to prohibit them from gathering evidence from the wit Nesses. The matter is now before the supreme court of Canada. Lyon reels off sturdy defence of pc policies by Brian Cole Premier Sterling Lyon reeled off one of the most thorough defences of his administration yesterday As the government s budget received final approval in the legislature. In a wide ranging two hour speech closing budget debate Lyon belittled opposition claims that the government was not doing its Job and lauded the accomplishments of his own administration. I did t hear any suggestions for the Lyon said referring to the document tabled by finance minister Brian Ransom last week. The Premier noted the nip has criticized the government for its restraint policy and for increasing the deficit. But they can t have it both he said. Taxes not raised Lyon said the deficit was increased to maintain and improve services without raising taxes. Let them stand up on their Hind legs and Tell us which taxes they want to Lyon said adding he would be Happy to fight an election on the Issue. Earlier a much More conciliatory Lyon touched on the need for All politicians to occasionally put ideological differences aside and work together for the Good of All who he described As some of the finest people on the face of the while admitting the government usually takes credit for the positive of daily life and the opposition Only credits it with the negative Lyon said not everything could be Laid at the feet of government. He reeled off a Litany of statistical information which he said showed the government s Faith in the private sector was beginning to return dividends. He cited statistics which showed mining and Petroleum exploration expenditures had broken records while manufacturing investment also was in creasing. And that s Good news for Manito he said adding the increases were due to the government s adjust ment of the tax schedule which encouraged development. Aside from heavy Petroleum exploration in the Southwest part of the prov Ince the Premier noted increases in Mineral exploration in the North Gold exploration in the East and Potash exploration in the Western part of the province. Although he said he could not officially make an announcement Lyon told the House he was sure a Potash mine would eventually be established in the St. Lazare area of Manitoba. Alcan important touching on the proposed aluminium co. Of Canada smelter Lyon emphasized the importance of a Funda mentally new Industry being added to the economic base of the province. Can we realize How important Alcan is to the economic he asked. Alcan will mean jobs and Security for railway workers and truckers and pro vide other spin off benefits he said. Although he said the province was t growing As fast As Alberta he said he preferred a More ordered develop ment that would allow Winnipeg to keep its sense of Community. In terms of social responsibility Lyon said his government had re vamped its assistance programs to be More effective in reaching Low income groups. He also pointed out that the government had increased Day care funding to million from about million during the last three years. Lyon also noted education and health spending was up and Manitoba s institutions were on a Par with the rest of Canada. Lyon Good news for Manitoba Premier demands apology by Brian Cole Manitoba Premier Sterling Lyon has threatened the Montreal Gazette with Legal action unless it retracts and apologizes for an article it published last saturday. A spokesman for the Premier said yesterday that Lyon s solicitors have sent a letter to the newspaper threatening Legal action. The article carried in the Montreal newspaper last saturday said Lyon and Quebec Premier Rene Levesque refused to go along with other dissent ing premiers in accepting a charter of rights in the Federal constitutional package. The article said the six premiers were particularly furious with Lyon whose opposition to the charter seemed to reach the Point of pig headed Ness. The article was angrily denounced by Lyon and several other premiers who attended the meeting april 16 to unveil the provinces own Patria Tion pack age. Won t abandon fight the Gazette has stood its ground on the Story. Meanwhile Lyon confirmed yester Day that he would not abandon his fight against the Federal constitutional pack age should the supreme court of Canada Rule against the provinces. People ask Why we Are opposed to or. Trudeau s entrenched charter of Lyon said during a speech in the legislature. The simple answer is because or. Trudeau is purporting to strip jurisdiction away from this legislature and from the traditional Powers that the province of Manitoba has had since 1870 without negotiation without our agreement and put them into an entrenched charter and say that is where they Are going to stay for All time. As Long As i draw a breath we will not permit that to take while Lyon did not say what the government would do if the Constitution clears All hurdles he said in an earlier interview he would at least continue to Campaign against the proposal and lobby the British parliament. Later Lyon described the provinces position As a proper solution to the impasse which is dividing the nation. He said the Federal proposal would be a Radical departure from the Community approach to Canada where everyone Felt an allegiance to something greater than our provincial entity. The pm s View in my estimation is not legally or politically the right View of Lyon said yesterday ;