Winnipeg Free Press

Winnipeg Free Press (Newspaper) - August 18, 1981, Winnipeg, Manitoba To accused by Murray Menelli some defence want parliament to do away with a Section of criminal code which allows grown to seek direct merits against accused Perom the lawyers say the direct rent procedure which among Ether things allows the Crown to bypass a preliminary unfair to the accused and leaves the judicial Tern open to it in my probably the most unfair bit of procedure in the criminal code because it really goes against All the Dusic principles or Ourn Mithu Justice lawyer Jeff Gindin said in an under Section of the the Crown can apply either to the actor Ney general or a higher court judge for a direct in addition to using it As a Means of bypassing a preliminary the Crown can also use the direction dict ment process to Force an accused to stand trial in cases where a preliminary hearing has already been held and a provincial court judge has Dis charged the accused for Lack of Evi preliminary hearings Are available to an accused charged with indictable offences usually More serious charges carrying a maximum penalty of two years or they elect hearing also allows the to the Dae of the crowns and to Crown and fellow lawyer Wywie Weinstein said the of fat indictment procedure is unfair of which Way it is Gindin nid that in cues where the grown applies for s direct indictment after in accused his been disc hard at i preliminary it is in effect appealing the decision of the judge who presided Over the yet the accused is not necessarily told beforehand of the crowns 9 not present when the grown it Ai Mihic hit fifth amt argues its Caw wrote the entitled to have a to represent Gindlin is fit de Letom the system own to abase because Only Cue Side of the argument is Beirut theres always that danger when its done is in exp Rte Well Stern the two defence lawyers also noted that if an accused is directly indicted he loses his right to choose the court in which he will be he must be tried before a judge and Gindin said it can mean an added financial Burden for an be cause jury trials Are definitely longer and More he also said that in Many instances an accused might prefer to be tried before a judge without a jury because he May have a defence that rather technical and the jury might not Guyt an important option trial by a higher court judge and at the the Crown must present a Prima fade enough to convince a judge that there is some evidence on which the accused could be found guilty at As Well As ensuring that the Crown has sufficient evidence to warrant a higher court the preliminary everything s held i secrecy like its Gindin Wernstein said the Mere fact the grown can apply for a direct ind Jet ment is bemused it gives the Crown a double shot at a particular we Stein said if a judge dismisses the charges at the preliminary hear ing then that should be the end of he also said that not having both defence and Crown counsel present when an application for a direct indict rarely used Legal proceeding called inhumane and mean by Murray Mcneil Albert deaths marriage is in a and the lays much of the blame on a rarely used Legal proceeding known As preferred or direct its uncalled its mean and its he the Federal Justice department used the proceeding in 1979 to bring Neath and two friends to trial on charges of conspiring to import and traffic in 30 kilograms of although the Trio had been Dis charged by a provincial court judge following a preliminary hearing in March of that about two months later the Federal Crown convinced a higher court judge to Grant a direct indictment against the it meant the Trio had to stand trial on the despite the previous judges a jury ultimately convicted them on the conspiracy to traffic and last january Neath was sentenced to two years less a Day in jail for his role As a mule or courier in the drug who is now on Day said in an interview he blames the direct indictment for his marriage breakdown because if he had known after he was discharged at the preliminary that he could still be taken to he never would have i never even knew it the option of direct indictment Neath he said he thought his court Case was and that Why Igot mar the couple were married about a week after the preliminary and in the following few months things looked like they were finally settling Down a Neath i was going to work on our marriage and things were looking pretty then came the news that the Crown had obtained the direct that a warrant was out for his and that the Case was far from Neath said that from the time we were directly indicted i knew i was going to i could feel it but his wife refused to accept that he had been discharged the first time and and she was con Vinced that be followed by a As a result she want prepared for the eventual my wife was completely devastated by this whole it destroyed our Neath he said that in his the direct indictment amounts to giving the Crown the right to prosecute an accused twice for the same it seems to me double jeopardy is double jeopardy by any other and that exactly what i went Neath grown attorneys agreed in separate inter views that1 the direct indictment ced Urt is unfair in some but they argued it is Only used when there Are unusual circumstances involved and that it is necessary to ensure the proper administration of Bruce a senior Crown attorney with the Federal Justice department in said that in the past four years the department has used direct indictments in Only about a Hal dozen evidence of threats Macfarlane said All of the cases where it has been used were drug conspiracy with the most publicized being that of former la Bob in Wilsons Macfarlane obtained a direct indictment in order to bypass a preliminary claiming there was evidence of threats being made against key Crown wit Nesses in the Case which warranted taking the Case directly to John director of criminal prosecutions the provincial attorney generals said he did not have any statistics on the number of times his department has used the procedure in recent but it not a procedure that is used regularly by any Guy if weve got three a year i would consider that to be a he said it is important to maintain the direct indictment option because without it the Crown would have no Means of appealing cases where a judge has erred in discharging an accused at the preliminary hearing he said it could Only be done away with if it were replaced by another procedure which would still guarantee the Crown a Means of appealing such Wolnstein says direct indictment unfair Guy also noted there Are some in stances where a direct indictment is the most logical route to take in prosecuting a he cited As an example a Case where there Are two persons charged committing the same but one fails to appear for their joint preliminary if the evidence against both is tally the it would be a waste of time and Money to hold another Al most identical hearing for the second he v special hearing int held in response to the complaint that an accused is not present when the application for a direct indictment is Macfarlane said proceeding by direct indictment is essentially the same As recharging an he noted that when a suspect is first arrested a special hearing int held to give him or his lawyer a Chance to argue against a charge being Macfarlane and Guy also dismissed einsteins suggestion that abuses could occur under the present sys Macfarlane noted that in Many in stances where he has applied to a higher court judge for a direct indict the judge has reserved his Deci its not something that is done quickly or its something the judges take very Macfar Lane Guy noted that in most cases where his department seeks a direct indict they go to the provincial actor and Hes not going to sign his name on anything unless Hes convinced he has Good cause to do tourist Alert the following people Are asked to Contact the nearest ramp detachment d Warren Sindt of travelling from Alaska to Vermilion driving a 1971 Green Chevrolet Halfton pickup truck with a White camper on the d Larry Vaughan of travelling from Toronto to driving a beige Max Ivan camper with a Canoe on the d Ralph Schurtz of travelling from Michigan to Lake driving a Silver Grey Olds Mobile weather precipitation n High Low cold from warm front class closer for some them it is for others summer will last until after labor Day for some Lucky Winnipeg but others will have to Start hitting the books As Early As spokesmen for greater Winnipeg school divisions said yesterday students will Start Back to school 2 in James Assiniboine River East and Transcona Springfield school students in Norwood and seven Oaks divisions Start Back students in Winnipeg fort Garry and vital divisions dont have to return until the Day after labor the object of the Early Start is to give both students and teachers a two week break at in some divisions teachers Are using the first few Days for giving their students both a late Start and a two week Christmas Gallagher at Quelch deaths classified death Winnipeg area forecast t sunny with a few Cloudy periods occasional afternoon and evening Chance of a heavy Thunder High today near Low tonight near sunny with afternoon and evening thundershowers tomorrow and a High near extended weather Outlook Southern Manitoba sunny wednesday ers temperatures 2 to 4 degrees above Normal readings of 25 and Northern Manitoba mainly sunny throughout with lures slightly above Normal readings of 21 and Northwestern Ontario showers mainly sunny thursday and temperatures near Normal readings of 33 and Canada and world 23 Vancouver 24 As 28 30 24 23 29 Dauphin 27 Tim Dwter 26 22 22 Montreal 22 22 23 22 Boston 24 Amsterdam 2 31 24 Helsinki 33 27 33 n 15 10 10 15 u 6 u 17 4 t 9 13 11 10 17 14 17 24 13 14 15 17 17 Moscow 22 13 2 11 Rome 32 n 21 is 19 24 28 22 23 24 25 24 23 26 George of Portage la formerly of Prince husband of Maud Bohdan of 170 Mcquaker widower of Daria Margaret wife of Elton John of 289 Eugenie formerly of widow of Eugene of formerly of wife of William to Arthur of formerly of widow of Ignace of 880 Arlington Amy of widow of Stanley Edgar of husband of Lilian Donald husband of Sally Alexander Allster of egg Gid san Sylte 41 by Seand of 25 40 to Way 41 stauft 31 Cloudy 33 Fol cup Way Elouria 29 clo Yov 31 39 of widow of Hawk inf of key Alva of 1214 Edderton for Merly of la husband of Eva of 206 Hindley wife of Peter Catherine of 70 Poseidon widow of Charles Thelma formerly of widow of William James of Tex wife of John of Agnes of 491 Stra Prook suite widow of Ambrose Pricio of 444 Ken Nedy Street suite widow of Samuel Adam of Mcmillan husband of Jennie of so wife of Maurice Merly of of Strath Cana Pond of Goa ssh Peder Antonni of of 1 1 n prttsharg1 we Dpi of Harry Al ref hmong of wife of u s w a tort id 1945 total far april i to 17 Normal Jonas of formerly of husband of Jlas Annie formerly of 393 Ingle Loci of East Sel of 486 Cordova formerly i 3wca of 411 6ymberlancj suite Joseph Bank Row husband i Christins of to Phi nursing formerly of 903 Toulet Van pen of wife of Maurice Van pen milk 2 litre 2 milk homogenized 2 litre n sides of beef Hinds of beef round or Rump roast sirloin tip roast for Blade Chuck roast Chuck a ii29 prices effective my to 9 8308 830530 Tomato juice kidney Beans 2m lean ground beef Back Maple Leaf by the Salami Maple cooked Ham York Ham whole or Shank end Maple hostess Ham pork butt Chicken legs fresh Back on Chicken breasts Back on Chicken wings fresh i round Steak liquid detergent sought 500 Bath soap Ove 140 instant Coffee Maxwell House Orange flavour crystals it Griir tying Bocai Cuau 9t 99 Means Holn 14 w Maui ski of j9 instant Monk crystals standing rib roast la Short ribs select beef Uyer Bacon Pur pwn to cutting i trimming Price per will increase butter i77 Mowll 1 bad foods How mfr m hot do mrs Haddock Veniua cakes produce Cantaloupe a rapes 84uve hiked cwt Tina Rasums jul Hail Toba Canada Manitoba Caus Flower cum Mph Tom Beury stalks Haw Toba potatoes i what do or them 4 i ;