Winnipeg Free Press

Winnipeg Free Press (Newspaper) - November 26, 1981, Winnipeg, Manitoba Winnipeg free november 1981 3 i i police officer plans to Appeal ruling on shooting by David Obrien judge Jewers ruled last week assaulting he subsequent la in an interview with Roo tha of fan a Winnipeg police officer will Appeal a county court ruling that he used excessive Force when he shot and wounded a Man during a skirmish outside a main Street hotel in Don lawyer for Wil Liam said yesterday he will seek to overturn the decision because it was wrong and contrary to the Evi judge Jewers ruled last week that Bell carried out an unjustified assault when he fired a Bullet which struck David Mark Organ in the right Chest and he ordered the officer to pay Organ in during the incident out Side the Occidental Bell also shot and killed Karol Franklin sob now a religious studies was sentenced to six months in jail in 1979 after he was convicted of Cabinet clerk first casualty in transition career civil servant Derek Bedson will no longer serve As clerk of the executive Saul chairman of the transition committee for the incoming nip said Cherniack said will not continue to sit in on Cabinet he said this was a Mutual decision made by him and be sons position appears to be in limbo since Cherniack insisted he has not has not been asked to resign and has not been fired by the incoming we Are now discussing with him what his future will Cherniack a Cabinet order terminating the jobs of 26 special and executive Assis Tants was signed by Premier Sterling asian Bug suspected in veterans by Joe Rubin the Federal department of veterans affairs will begin testing Hong Kong War veterans in about two months to determine whether they Are carrying a tropical parasite contracted 40 years William veterans affairs program medical said Hong Kong veterans will be told by letter that provincial labs will be test ing for the Strongylos Diasis the Federal government will pay the there Are 963 Hong Kong veterans in 222 of whom live in an additional 36 Canadian veterans live in the Robertson said in an interview from his Charlottetown office yesterday that veterans May have contracted the intestinal parasite in japanese prisoner of War Camps during the second world some May still show signs of an infection caused by the Strong Loides Ster Cor alls Para although marked by stomach dior an inability to gain weight and skin Strongylos Diasis is not a serious Robertson he said veterans will Likely be asked to Volunteer a Stool Sample to see if it contains the blood tests May be conducted first to determine if a Veteran has been exposed to the Para site before the Stool is Strongylos Diasis is a common parasitic infection in moist tropical a drug called introduced less than a decade can eradicate the Lyon during a final meeting of the conservative Cabinet the still to be confirmed by Premier elect Howard Pawley and Pearl was the Only piece of business handled during the two hour Cherniack said there May be a Posi Tion in the civil service for Bedson or he May decide to he described their discussions As amicable and said be sons Long tenure As a Public servant would be a civil servant for 23 said his resignation from the govern ments top Post was not demanded by the new nip but it is understood that i will be moving Bedson refused to comment further other than to say he May be offered a different civil service Bedson joined the Duff Roblin government in 1958 As Cabinet clerk and has survived four different admin including the Schreyer nip governments two but whose government is sworn in next said yesterday he is not convinced that Bedson is politically Cherniack insisted the transition from a conservative to an nip administration would be free of trauma for most civil bloodletting there is no bloodletting in he its very different than it was in after the 1977 Lyon fired three Deputy ministers before he was sworn into the transition committee chairman said his office has already received some of the informational briefs re Quested of Deputy he said the new government int planning any immediate drastic changes in government departments even though it Hopes to Cut the size of Cabinet by at least three the departments of health and Community for wont be he nor is the new administration planning to introduce a planning secretariat of the Type that served former premiered Chemack said the new government intends to take its time implementing its Campaign saying that proper preparation is necessary to ensure the programs he moving and packing activity has been going on at a fever pitch since the 17 election in which the nip won a 34seat Majori packing boxes litter the deepest pile rugs and even Las Are on their hands and Knees reclaiming personal nip and tory members will change offices and caucus rooms on monday after Pawley announces his government employees will Likely be at work Over the weekend finishing renovations and cleaning Appeal court finds criminal code not guilty of sex Bias the Manitoba court of Appeal has overturned an earlier ruling which in validated a criminal code Section making it an offence for men to indecently assault other in a judgment delivered on behalf of the court Justice Joseph Osullivan ruled that while the punishment for men accused of Homo sexual assaults is indeed harsher than the provision for heterosexual and Les Bian according to the age old traditions of Judae Christian to the types of indecent assault Are quite defence lawyer Michael Skremetta had asked the court to uphold a july decision by court of Queens Bench Justice Scott Wright that the discrepancy in penalty was a violation of the Canadian Bill of said judge Osullivan the Funda mental basis of the submission of Skremetta is that Section 156 and Section 149 of the criminal code prohibit the same kind of conduct he says it is discriminatory to punish a Man More harshly than a woman for precisely the same kind of the distinction drawn by the code is not As to persons but As to Type of activities the distinction is entirely based on the Type of sexual conduct involved in the the criminal code specifies a Maxi mum sentence of 10 years for any Man convicted of assaulting another person with intent to commit buggery or indecently assaulting another male but indecent assaults on women carry Only a five year maximum so Remeikas client is charged with six counts of indecent sure Metka said he has recommended his client apply for leave to Appeal the Appeal courts ruling to the supreme court of assaulting he subsequently launched a civil suit against the former police chief Norm Stewart and the Primeau yesterday claimed press coverage of the civil trial and subsequent stories about the incident have been biased and one he said Bell has been a victim of a total character assassination which has seriously affected his personal and family in an interview with the free press last said he had to fight to get police documents for his defence and accused the police of trying to cover up the Primeau said the accusations were without he noted the Inci Dent was investigated by 40 police officers and their report totalled 146 pages along with 43 pages of witness All of these reports were Given to organs counsel and to the solicitor for the Sobkowicz which also sought damages against Bell and his Tom he Organ testified during the six Day civil trial that he and Sobkowicz had been drinking in two hotels and were returning to their car when they walked past a White car with two men he said the passenger in the car yelled an obscenity at but they continued to their parked behind the other while waiting for their car to warm Organ the other car backed up and blocked their Sobkowicz then gave Organ a Metal got out and walked toward the other Organ he said he followed when he saw Sobkowicz being tackled and swung at Bell with the Metal bar and grazed the top of the plainclothes officers Bell was stabbed by Sobkowicz Dur ing the fight before he shot and killed Sobkowicz and wounded Jim free press preschool practice at slip sliding Duvie takes a crack at ice skating yesterday during a preschoolers skating class at the Winnipeg Winter club on River Duvie checks to see that All systems Are go sets off for a then finds something to hang onto and rest a while police evidence scrutiny urged by Pamela Fayerman the Case of a Winnipeg police consta ble who presented improper evidence at a court hearing Points to the need for intense scrutiny of police evidence in several defence lawyers said defence lawyers say the Case Bol sters their View that officers must be sharply Cross examined on the Evi Dence they present from their note books so that any contradictions can be brought to the lawyers were reacting to a free press Story yesterday which reported that Carl Lawrence Forsberg gave evidence in a forgery Case while referring to notes made the Day of the the judge at the 21 preliminary hearing had Given the officer Permis Sion to use his notes Only if they were made at the time of a police investigation into the a police officer for 13 later said he had lost his original the incident is being investigated by the attorney generals lawyer David Bowman said he had a Case a number of years ago in which a Man charged with rape was acquitted by a jury after a police officer had used his notebook in giving Bowman said lie asked the officer if he could see the which he had been using to refresh his the officer said no and a Tugo War erupt when the presiding judge ordered the officer to turn Over the Bowman was shocked to find that the notebook was he must have been writing with invisible Ink or Bowman lawyer Rocky Pollack said that abuses in the area of police notebooks can occur unless defence lawyers inexhaustible test police that Means carefully Reading the officers he Pollack said judges will attach a lot of weight to his evidence because an officer who already has a Good Deal of credibility has even More with his he said if an officer lies about the origin of his notes and the truth int it makes a perversion of that form of Pollack said a syndrome existed in the past in which an officer was a hero if he could stand up in court and recite from memory everything he did in an but referring to notebooks is an in thing he Greg president of the Manitoba trial lawyers said lawyers May get suspicious of an offi cers testimony if his notes Are written in different Ink suggesting that some information is made at different times or based on if they make their notes just before going into i How will anyone Ever know unless they admit it he Brodsky said the Public perception of the Law comes not from judges or lawyers so much As from police offi and that is the reason Why it is so important for the integrity of the Force to be he if we dont have respect for the Well have the police have to be above suspicion and that Why its important for us to be Able to assume abuses never go if we have to Start looking with suspicious eyes on the then that Only benefits the Guy charged with rape or some other crime because the focus would be off whether the accused is guilty or not and on the conduct of the inspector Dennis a police recruit said notebooks Are considered the single most important tool or piece of equipment an officer if an officer goes into court without his original its like going in without his pants he its not just a 10cent he its the most important Docu ment an officer no judge would accept evidence if its not Given from the original Davill said officers who lose their notebooks can be fined or suspended by the police accusations of racism preceded scuffle in roller rink parking lot accusations of racism preceded a fracas in a roller rink parking lot involving Whites and a county court judge was told the Melee left three Whites and at least one filipino injured and three filipinos facing a variety of assault related criminal Dale Ernest who was knocked unconscious during the testified he and his Brenda were leaving the saints roller skating 2401 Mcphillips at about 10 on when they were confronted by four he said the three filipinos and a accused Kehler of tripping a filipino woman skating on the rink earlier that said he stepped Between his Girlfriend and the women after Kehler was pushed by the Black he told the court the women swore at Kehler and accused her of being prejudiced against Clark said he was hospitalized for one Day with head injuries and minor bruises As a result of a fight which erupted after his Brian Paul intervened in the a Champion wrestler with some Kung fun testified that he suffered head wounds and a cracked rib in the the third injured Barry was to testify witnesses yesterday said Buchan was struck with a baseball Bat by Dennis charged with two counts of assault with intent to maim or disfigure and one count of possessing a dangerous Clark identified Nicholas Abellana As the Man who kicked him in the face when he tried to get up after being knocked out by a blow from Nacionales is charged with the same offences As the third Joseph Polintan is charged with three counts of assault with one of possessing a dangerous weapon and two of assault causing bodily Clark said he saw Capistrano carry ing a tire but did not see if he struck anyone with skating Centre manager Dave Henry testified filipino patrons were a major Factor in the tension which occurred at the rink on tuesday he said the rinks so called bargain which feature a reduced admission attract a Rowdy Henry said he knew of no fights Between Whites and filipinos prior to the night in ;