Winnipeg Free Press

Winnipeg Free Press (Newspaper) - May 7, 1981, Winnipeg, Manitoba Winnipeg free press thursday May 7, 1981 3 Jim f ree Fless police lineups unfair useless lawyers argue by Pamela Fayerman police lineups to identify accused persons Are too often unfair and use less in later court proceedings several prominent Winnipeg lawyers said yesterday. But Deputy police chief de Igelski said it is not always practical for police to comply with the generally held principles of proper lineups because of inadequate facilities in the Public safely building. The lawyers and police spokesman were commenting on a ruling earlier this week by the Manitoba court of Appeal in which a judge remarked that a lineup to identify an accused charged with rape was a although the Appeal court dismissed David Benjamin Friedman s Appeal on the rape conviction or. Justice j. F. O Sullivan wrote that the lineup should never have been Given any weight As evidence during the trial because of the manner in which it was conducted. In Friedman s Case the other men in the lineup were police officers. Each of the 10 policemen was considerably taller than the accused and while Friedman was dressed in extremely casual clothes the 0 officers wore dress pants and shirts. Greg Brodsky lawyer for the accused said lineup scruples Are some times ignored by police because they Are anxious to get the identification procedure Over with. Then they charge the Guy and get an incriminating statement faster. It s a matter of accused stuck out lawyer Harry Walsh said police know that if a suspect in a lineup is pointed out by a complainant he will become flustered and will blurt out some ill considered in Friedman s Case the accused stuck out like a sore he added. Brodsky said there Are several components required for a proper line up. Everyone should have the same general appearance be the same age same build and same height. The accused should be Able to select his clothes and position in line and the lineup should also be recorded and photographed for future reference in court. Igelski said All those principles can not always be adhered to because the Public safety building does not have an appropriate facility for formal lineups. For the past few years Igelski said the detectives office has been used because the former lineup room was lost when the third and fourth floors of the building were leased to the province. Not always convenient Igelski said it is also not always convenient to bring other prisoners out of their cells for the lineup but Basi Cally a lineup is a lineup no matter How you run it. Just As Many suspects Are cleared As Are chosen and As far As i m concerned any lineup is better than a face to face complainant is shown accused in a room by himself and asked if it is the right suspect lawyer Ken Zaifman said during a robbery Case he acted on in 1979 the trial judge called the lineup a total the conviction in county court was later overturned in Appeal court because of the impropriety of identification he said. In that Case the complainant told police the single distinguishing feature of the suspect was his Mustache. In the lineup the accused was the Only one with a Mustache. Or. Justice Charles Huband called the lineup hopeless because the accused was the Only one who bore a resemblance to the person described by the lawyer Hersh Wolch said he acted on a Case last week in which county court judge c. I. Keith ruled the lineup was not acceptable As evidence. The accused in this Case posed in the lineup wearing the same clothes As those that the robbery victim had said his assail ant wore. As Well police were Given a description of the Man As clean shaven. Only three of the 10 men in the lineup were clean shaven and two of those were police officers. Wolch estimated that police con duct one Good lineup for every nine or 10 poor lineups. Labor minister plans to study Perfumo paper labor minister Ken Macmaster said yesterday he will review an Alleg edly anti Union document written by labor Board member Dario Perfumo before deciding what if any action he will take. Perfumo executive vice president of the Manitoba hotel association and a labor Board member for eight years said tuesday he saw nothing wrong with circulating the document entitled How to meet the Challenge of the to members of the Mha. The document contains tips on How Union organizing can be countered. Macmaster said he was not terribly alarmed by the document but said he wanted to obtain a copy and read it City reviews Ontario Law on proposed mine City officials Are reviewing Ontario environmental regulations received yesterday to examine the conditions that province will demand of a controversial molybdenum mining operation planned for the High Lake area. Mayor Bill Norrie told Council last night the regulations Are in the hands of Alexander Penman head of the City s water works waste and disposal department. Penman will report to the works and operations committee when analysis is Complete. Norrie and Manitoba environment minister Gary Filmon met in Toronto tuesday with Keith Norton Ontario s environment minister. He said Norton was extremely receptive to their submissions on the proposed mine which is planned in the area of Shoal Lake. The City has drawn its drinking water for some 60 years from Shoal Lake. The mine which has not yet been licenced by Ontario is being proposed by eco explorations Ltd. Effluent from settling cells containing tailings from the mine would flow into High Lake and it is feared eventually into Shoal Lake where the water is now of a High before making any further comment. The Manitoba federation of labor says Perfumo s impartiality on the labor Board has been called into ques Tion by the document and has called for his resignation. Macmaster said there Are Union schools and seminars which provide tips on Union organizing so he did not see Why there should be complaints about management doing the opposite. It would be extremely difficult to find anyone who was totally unbiased to Seive on the labor Board he added. The degree of Bias is the important Factor and Macmaster said he would be in a better position to comment after reviewing the document. Chemical explodes firefighters water Down Calcium Carbide at the North end sewage treatment Plant after the chemical exploded while being unloaded from a waste truck. Kevin Hawkins of Al sewage services was treated for minor injuries suffered in the blast. A provincial environment control officer said the chemical is not normally explosive and cause of the blast is not known. Onus put on Public to keep Yards clean City Council last night approved two amendments to the City s anti litter bylaw placing property owners under strict responsibility to keep their prop erties clean. The amendments put the onus on persons owning or occupying private property to ensure litter does not accumulate upon the property in such a manner As to be unsightly. They also require persons owning or occupying property to ensure litter is not blown or otherwise carried from their property. The amendments to the 1975 bylaw were drawn up following a feb. 20 court Case in provincial court where Junior s drive inn restaurant 2565 Portage Avenue was acquitted of charges Laid under the provincial clean environment act. The amendments Are hoped to re move the requirement on the part of the City to prove intent to litter on the part of the owner. They Are also hoped to assist in prosecuting cases where litter is carried by natural elements or by animals. Power pact extended a three year Extension of the City s electrical Power Supply agreement with Manitoba Hydro was approved yesterday by City Council. The current five year agreement expires nov. 30 and the three year Exten Sion runs from dec. 1 to nov. 30, 1984. Under the agreement Manitoba Hydro supplies Power to the City owned Winnipeg Hydro during Peak demand periods and the City pays a proportion ate share of the provincial facility s generation and transmission costs. During committee discussion of the agreement Extension some councillors were concerned that possible additional Power requirements during the Exten Sion in conjunction with Manitoba Hydro s rate freeze could mean the City Utility would be forced into an Adverse financial position because of its Cost sharing obligations under the agree ment. Manitoba Hydro has sole authority in the province for rate setting and construction of new generation facilities. Sty Hall notebook More Money for Bridge an additional was added by City Council yesterday to the million Sturgeon Creek Bridge construction on Portage Avenue West. Of this amount was approved As the additional Cost of advancing the construction completion time by seven months to dec. 31 this Vear from july 31, 1982. An additional was approved for construction of two free standing Walls one on each Side of the Bridge to which historical markers would be affixed indicating the importance of the crossing As the Gateway to the West for explorers Hunters traders and settlers. Construction of the Bridge began dec. 1, 1980, resulting in the closure of the eastbound lanes of Portage Avenue from Booth drive to Harris Boulevard As the Southern half of the Bridge was built. That portion is scheduled for comple Tion aug. 31, when it will be opened to two Way traffic and the westbound lanes of Portage will be closed As the Northern half of the Bridge is constructed. Zuken is against raise councillor Joe Zuken was the Only City councillor yesterday who voted against a raise in out of town travel expenses for councillors and civic employees. The per diem for travel outside Manitoba but within Canada was raised to from the per diem for in prov Ince trips was raised to a Day from and the transportation allowance for travel within Manitoba was raised to 12.4 cents a Kilometre from 10.6 cents a Kilometre. I think councillors should restrain Zuken chided when the motion came up at Council. I think it s poor Public policy. I think councillors should take fewer trips and i think fewer councillors should take but finance committee chairman Abe Yanofsky said there is no reason a councillor should have to dig into his own pocket when travelling outside Winnipeg on City business. Even with the increases Winnipeg s per Dies Are still the lowest in Canada he said. For example Regina pays its councillors a Day plus expenses to take out of town trips he said. Coun. Gerry Ducharme said that six months ago As a Rookie councillor he would have agreed with Zuken s Posi Tion but now has Learned the hard Way that the increased daily allow Ance is needed. 700 workers at 10 hospitals prepared to strike in a week technicians technologists and therapists at 10 Manitoba hospitals have threatened to strike As Early As noon May 15 to Back their position in contract negotiations Bob Strong executive director of the Manitoba paramedical association which represents the 700 workers said yesterday that the main stumbling Block is wages. We re Miles he said. The workers that will be eligible to strike May 15 Are Laboratory technologists and technicians a Ray nuclear Medicine respiratory and dec technologists egg and operating room technicians physiotherapists and occupational therapists. The hospitals include the health sciences Centre Misericordia Concordia and Grace in Winnipeg As Well As those in flin flon Gillam Ashern Lynn Lake the Pas and Thompson. Bran Don s Westman regional Laboratory could also be affected. Employees at St. Boniface and Vic Toria hospitals will be in a strike Posi Tion May 22. Strong said the Mpa wants to achieve parity with Manitoba s nurses. The Union wants a 44 per cent increase Over 21 months while the hospitals Are proposing 28 per cent. Employees classified As technologist 1 currently earn up to a month. The Mpa s proposal would give them at the end of the contract while the hospitals Are proposing in the Range Strong said. A technologist 1 currently earns about a month less than a general duty nurse he said. The workers have been without con tracts since March 31. Both sides say they Are open for further discussions. If a new contract is not reached by the May 15 deadline the workers May not necessarily strike but May take other action such As study ses Sions Strong said. Work disruptions May occur at any or All the facilities concerned. Strong said Mpa members in the event of a walkout would return to work for All requested procedures with out even asking if they Are emergencies. Landlords vow to Challenge act soaking up Spring hv.1 1 Lulf Siuw us i Ign of i enough Quality it rest tires Only Normal after n dreary Winter Spring usually reawaken the Joy of the outdoors in most people for this resident of the kiwanis Centre of the deaf Spring Means a warm place in the Sun to rest. Chlorination. The Manitoba landlords association is pursuing its threat to Challenge provincial legislation which allows land lords to give preferential treatment to married relatives but not single rela Tives Over other applicants seeking rental accommodation. Association lawyer Robert Smethurst told a general meeting of the landlords last night he is preparing court documents to fight the provision in the landlord and tenant act. He said the court Challenge would test whether the act contravenes the human rights act. Opponents claim the clause gives preferential treatment to landlords relatives and should be removed entirely. Smethurst said if this happened he would fight what he described As a terrible association president Sid Silverman contends landlords should be Able to rent to whoever they want including their sons and daughters. The landlords also want Protection from welfare tenants who leave land lords with accumulated water Bills. Smethurst said the City and not the landlord should pay the Bills of tenants who skip. Because of the association s unsuccessful attempts to get the City to pay the Bills Smethurst said the City is forcing us to take a court Silverman wants the City to take full responsibility for welfare tenants. Why should a landlord have to pay for something he does t payment of water Bills in t enough though. The City s responsibility should be further extended to include paying the welfare tenants rent directly to landlords said Silverman. Smethurst suggested that other Mon ies owing landlords could be collected in the same Way through a court order. Giving the Cheque to the welfare recipient Silverman charged is giving away Money that rightfully belongs to the landlord. The government is not being fair. Why Are they picking on Silverman said landlords suffer when tenants walk out and the association is determined to fight the government ;