Winnipeg Free Press

Winnipeg Free Press (Newspaper) - November 2, 1981, Winnipeg, Manitoba 4 Winnipeg free november 1981 Wolch says child abuse want Issue continued from Page 1 the provincial Yap pointed which heard from 32 witnesses and deliberated three months before releasing its said there was evidence which can support an assault Guy said last week the commission did not have to prove the Case beyond a reasonable As he had to at the the standards of strict proof and that kind of thing Are much More he lawyer Hersh who defended Frampton on the rape said in an interview if the trial had gone on with the Issue and not clouding it with does he beat his then sure it should have gone to a jury and let then decide one Way or the but the Way the trial he i am not certain it should not have been ended when it Wolch said some of the areas raised in particularly an Edmonton police investigation into an apparent assault on Frampton might have been excluded As and there Are a number of authorities that i could cite in support of Wolch i in this its hard to imagine the relevance other than to his i both woke and Prober said they did not report Frampton allegations until subsequent rape trial because they afraid of a police newly published portions of the to commissions report said Framp ton sustained his injuries Between and july Prober and Carr met him at Prober said Frampton was groan ing and complained he had been beaten by police when he reached him by Telephone earlier that Prober told the police commission that he asked Johnson Why Frampton was and he replied he had to go to the Prober was not asked about Johnsons comment at the preliminary John Friesen testified that judg ing by his Frampton did not appear to have been kicked or struck at full Force by two police Friesen said essentially the same thing at the but added under questioning by judge two Strong police officers could have Hurt him much More severely than he was in fact if Frampton was assaulted by two they certainly not in Juring him As much As they could they were certainly holding those remarks were not brought out at the officers the doctor was not asked about the conduct of the police officers who escorted Frampton to he told the police commission inquiry the offi cers knew about Frampton Alle and one of them referred to Frampton As an in staying the Guy said there were inconsistencies Between the in juries Frampton claimed he had re and what Friesen said he found in his but both Friesen and Tasa duo a who examined Frampton two Days said they would not have recorded every minor abrasion and and while Friesen said he did not record a hand injury which was singled out for the jury As Well As one of Frampton two and All said they noted in other the victims Mother told the police commission she received what was termed an Iliad Vised phone Call from Johnson during the course of the challenging her recollection of certain she was not listed As a trial also not listed As a witness was former sergeant Joseph Gal the commission Lent further credence to its conclusion that Frampton was uninjured when he arrived at the police the rape complainants told the jury Frampton confided in 1979 that he had inflicted injuries on himself and intended to sue the officers for Wayne free press City Book store employee Lynne Mccarthy deletes contested reference from the Book stores comply continued from Page 1 beginning of the week and i Esti mate we have sold at least eight or 10 said a spokesman for the Portage Avenue store which had the Book prominently displayed in its window earlier last at Mary scorer in the Osborne a spokesman said they were first asked to take the Newman Book off the shelves entirely because of the pending libel we Are now just going to White out the parts de scribed in the said the she said about 20 copies were in the store on Satur two other Large Bookstore Coles and appear to have been caught off guard by the Libby Coles Manitoba was out of the prov Ince on the weekend and local store managers were unsure what to do following the Debbie manager of Coles Portage Avenue had not heard of the court ruling until saturday she planned to do nothing to the 150 copies in her store until she received direction from head another Coles spokesman from the Eaton place store said of the Book had arrived earlier in the week but had remained unpacked because of the pending court Rory supervisor for Smiths Winnipeg was also unavailable for com ment spokesmen for the chains two Winnipeg stores said they had not been told what to do in Light of the decision but speculated they would be told to comply with the in uncensored copies of the Book were available in most Book stores most Vancouver bookstores interviewed said they had not been notified of the court Only the classic Mem Bers of a National said they had been told by their head office to doctor the trial focused in wrong Frampton lawyer claims continued from Page 1 visited Frampton in the Public safety building within an hour of the alleged assault lawyer Hersh who defended Frampton on his rape said that making Frampton credibility the big Deal at the trial was really focusing in the wrong Frampton character and credibility were assailed during defence counsel Ken Houston lengthy and freewheeling Cross in almost any Case of police brutal the person who is making the allegation will normally be a person who is difficult to based on the fact that he is normally a said a former Crown the test in determining whether to believe the allegation is to look at the supporting Wolch said some of the inconsistent Frampton testimony might have been due to the fact that people dont keep track of How badly beaten they As Well As a natural tendency to Eagger he said the jury could have found he was a that he and still found he was but not As badly As he Frampton testified the two officers kicked and whipped him Over a two hour and forced him to sign a statement confessing to Guy said that in he believes he took the right tact in order prove the Case beyond a reasonable the members of the jury were going have to accept Frampton he if he was not that was he was the the other things that might have been Able to support they certainly had to be there in order to prove him beyond a reason Able but if they didst buy Framp tons 12 citizens Are not going to convict if they find the Man is not a truthful Frampton said in a recent interview its been five years a Little thing Here like the did this Guy say Lyon says Trudeau position must change continued from Page 1 quickly within an Lyon were As interested As anyone in getting this thing behind Lyon was referring to an april Posi Tion by the eight premiers calling for simple Patria Tion of the British North America act and an amending Trudeau has dismissed it As an evasion of the Saskatchewan Premier Allan Blakeney was closer to Bennetts he said he is not opposed to entrenching a charter and is willing to accept some form of but if Trudeau acts unilaterally he is also prepared to put a Resolution through his legislature opposing the Federal the Quebec National Assembly has already passed such a Resolution and Blakeney said a Saskatchewan Resolution would be used As ammunition during personal lobbying in most of the premiers have said they Are willing to but they want to see some real offers from the prime minister has said he is willing to but he has not made Public the details of his he said he wants offers from the Lyon said the dissident premiers have the upper hand in bargaining because of an 1 historic supreme court decision which he interprets As a Victory for the provincial he said it is Trudeau who is in Hes got a position that is now Unten Lyon Hes got to make some probably along the lines of the provincial its probably the most that can be achieved Lyon said last night he did no think much of indications by Trudeau Friday that he is softening his he said Trudeau has had numerous helter shelter proposals on the cons Titu see it on i May say something Lyon denied that his performance at the conference has any implications for him in the provincial Only that most Manitoban know that Pawley is completely in bed with it is up to the provincial nip Leader to explain his Lyon Lyons hard line was echoed by Al Berta Premier Peter Lougheed who said he wants to see Trudeau move toward the position of the and Newfoundland Premier Brian Peck Ford said before last nights meeting the agreement of the eight is As solid and substantial and Concrete As it Ever those things Are minor Inconis like the Brunt of the what i said they did to me can be supported by medical evidence and lawyer Robert Carrs which depicted Framp tons a Panetski and Johnson denied assault ing and told the inquiry they had no knowledge of How his injures were but the commission said they had a Opportunity to inflict the injuries to the in the absence of a satisfactory explanation consistent with one can infer that they caused the in the report said that in Light of the evidence of other the officers version of events during the time Frampton alleges he was assaulted is the report notes they claimed they did not search Frampton for weapons or to look for even though they were investigating a rape Case in which the complainant said she had punched him and scratched at his having regard to the experience of the officers on the police their evidence in these matters defies it the report concludes we Are unable to act upon any part of their evidence relating to what happened from the time they brought Frampton to the Public safety building until turning him Over to the we find that they have a much More extensive knowledge of the events of the Day in question than they have chosen to relate to during the trial the rape complainants father who told Frampton he was a police informer said Frampton confided he had inflicted the injuries on himself to sue the officers for Frampton denied his the alleged conversation took place after the police commission issued its the commission said the suggestion the injuries were self inflicted was raised at the inquiry and it pointed out it would have taken Frampton 20 minutes to accomplish the and to cause the red Mark he had on the Centre of his he would have had to throw himself against a door to cause other injuries he would have had to throw himself against a hit himself with his Belt folded in and generally a most unusual spectacle would have been involved which would have had to cause a substantial amount of the commission found the possibility that the injuries were self inflicted lies in the realm of speculation and conjecture and we have no reasonable doubt on that Assiniboia Downs main floor hours sunday Isit inbred by ;