Winnipeg Free Press

Winnipeg Free Press (Newspaper) - August 18, 1981, Winnipeg, Manitoba M a w pm flt of air to accuse Fly Muff a Mcneill same Winnipeg defence Watt Pashai Tefie to do away with a Section of the grim Ilal code which allows the a form to seek direst if dict ments against accused the lawyers say the Divett of fed indictment proc Eufe which among other things allows the grown to bypass a preliminary hearings unfair to the accused and leaves the judicial system open to it in my probably the most unfair bit of procedure in the criminal code because it really goes against All the Basic principles of our criminal Justice lawyer Jeff Gindin said in an under Section of the the grown 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 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 More if they elect essay Guy i an important option trial by a higher court judge or judge and at the the Crown must present a Prima Facie 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 hearing also allows the defence w hear the outline of the crowns ease and to Cross examine grown Gindin and fellow lawyer Mymie Wolnstein said the direct indictment procedure is unfair regardless of which Way it is gift diff said that in cases where the Crown applies for a direct indictment after an accused has been discharged at a 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 apply is not present Crown argues its East before the attorney general or a higher court and is not entitled to have a lawyer present to represent Gindin double shot fat to tinge when everything is held in like its pretty Gindin Weinstein said the Mere fact the Crown can apply for a direct Merit is because it gives the Crown a double a particular Weinstein said if a judge dismisses the charges at the preliminary hear ing then 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 Mcneill 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 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 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 i got 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 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 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 procedure 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 is made leaves the system open to abuse because Only one Side of the argument is theres always that danger then its done As an expand Weinstein 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 me 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 in both provincial and Federal Crown attorneys agreed in separate inter views mat the direct indictment Medure is unfair in some but they argued itis Only used 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 half Frozen 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 for 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 is 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 Weinstein 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 with committing the same but one fails to appear for their joint preliminary if the evidence against both is essentially the it would be a waste of time and Money to hold another Al most identical hearing for the second he 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 judge for a direct indict the judge has reserved his Deci 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 Tornado weather precipitation h High l Low class closer for some than 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 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 sunny with a few Cloudy periods occasional afternoon and evening Chance of a heavy Thunder High today near Low tonight near i sunny with afternoon and evening thundershowers tomorrow and a High near extended weather Outlook Southern Manitoba sunny wednesday and show ers temperatures 2 to 4 degrees above Normal readings of 25 and Northern Manitoba mainly sunny throughput with tempers Tures slightly above Normal readings of 2j and Northwestern Ontario showers mainly sunny thursday and temperatures near Normal readings of 23 and temperatures Canada and world National 19 10 24 13 25 11 28 a a 30 15 2t m 27 12 26 15 29 15 h Thunder 26 4 23 12 22 n 22 12 22 18 International 23 11 22 10 26 15 24 21 17 31 24 26 13 19 14 33 15 27 17 Madrid 33 17 Moscow 22 13 Paris 22 11 Rynie 32 17 Stockholm 21 is 3 31 23 37 29 34 19 30 22 34 23 29 24 30 25 28 20 us overcast us claw do Clouds Clumpy Cloudy Cloudy Cloudy Cloudy Winnipeg t mho 17 last Normal Hia Tett of record in 1945 1 to George of Portage la formerly of Prince husband of Maud Bohdan of 170 Mcquaker widower of Daria Margaret wife of Elton John of 269 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 Ullian Donald husband of Sally Alexander Alister of 253 Edison suite husband of the Luna Annie formerly of Somerset widow of Millard of Gey Jonas of formerly of Hus Bainfil of Yijae Kari i Annie formerly of 383 Ingle Yood of East Sel of 486 up dior a formerly of Chica 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 to wife of John Agnes of 491 Stra Brook suite widow of Ambrose of 444 Ken Nedy suite widow of Samuel Adam of Mcmillan husband of Jennie of so wife of Maurice for Merly of Poplar 876 Strathcona Hus band of e a Antonina of 1126 Pritchard widow of Harry of he of wife i John of 411 Cumberland suite Joseph Alex of 105 Renfrew husband of Christina of Tasha nursing formerly of Upu Jet Van pen of wife of Maurice Van pen modern milk 2 litre milk homogenized 2 litre prices effective thru to a saturdays Tomato juice kidney Beans Ketchup Heinz 109 of Rice Aroni liquid detergent Bath soap love 14q Grams instant Coffee Maxwell House 10 of Orange flavour crystals lemonade Beans Heinz 14 in molasses or i instant drink crystals Coffee Maxwell House Rice a Cue Bens f3f29 Wes hamburger or hot dog buns Orange juice garbage bags Boneless Chicken wrapped sick lion sides of be Hinds of beef round or Rump roast sirloin tip roast for Blade Chuck roast Chuck Steak lean ground beef Back Bacon Maple Leaf by the Salami Maple cooked Ham Ham whole or Shank end Maple hostess Ham Boneless 23 pork butt Chicken legs fresh Back on Chicken breasts Backon Chicken wings fresh round Steak 6 varieties 2 pm standing rib roast Short ribs select beef Uyer Bacon Pue to Eutt Inq i trimming Price per a will increase tanq4 butter i Canada first Grade unit 1 per customer with Purchase order or i77 Frozen foods Haddock nuts Yanhua cakes shampoo or conditioner foil fucked ought tuna produce Cantaloupe Canapa no i Green grapes Thompson cabbage Wanito a Canada 1 Manitoba cauliflower Manitoba celery stalks Manitoba potatoes Conion Tbs ;