Winnipeg Free Press (Newspaper) - May 1, 1985, Winnipeg, Manitoba
Winnipeg free May 1985 9 disregard for Law argued at Morgentaler trial Appeal by Barbara aggerholm Winnipeg free press Toronto Henry Morgen tales acquittal on abortion charges should have been declared a mistrial by the judge because the doctors lawyer urged the jury to disregard the an Ontario Appeal court nation panel was told the Crown int saying every time there is some impropriety in an address by defence counsel it reaches the Point where the trial ceases to be conducted in the realm of Crown counsel James Blacklock said yesterday in arguing for a new there gets to be a Point where the line is Blacklock said such was the Case during lawyer Morris mannings vandalism prompts look at school Security school trustees plan to beef up Security at Johns High school following a spate of including a breaking last were going to have to take some very Strong Winnipeg school Board chairman Mario Santos said its obviously a very serious crime Des Depourcq said the Church Street school was broken into sometime late saturday or Early but police Donet yet know How it was about damage was three other breaking occurred at City schools Over the vandals forced open a rear win Dow at James collegiate and caused about no damage was reported at Wil Liam Whyte which was entered sunday or Sisler High broken into sometime be tween Friday and vandals also ransacked Johns on three consecutive weekends in late february and Early causing damage but apparently stealing Santos said trustees May decide to Institute some form of 24hour Secu Rity system at he did not we have alarm systems there at Johns but whoever did it must know the chairman it was no that for summation to the Ontario supreme court jury that acquitted Morgen Taler and two associates of abortion related Blacklock attacked mannings address As he said Manning told the jury the Issue was not the doctors guilt or but whether women should be permitted to have abortions in a freestanding Manning had told jurors i think you have to say to is this a Good Law or a bad Law is this a Law which should be or should not be who began his defence of the acquittal late in the responded that if the Crown counsel was going to he should have done it at the the attorney general is asking this court to declare a mistrial when counsel at the trial did not do he As a he the trial judge was put in an impossible position and there is a Burden on Morgen Taler to rebut the mistrial As he said the Crown failed to object to having the defence of necessity argument put before the even though he knew ahead of time the defence might present a pretrial hearing that consid ered a Challenge of the abortion Laws constitutionality alerted the Crown to that Manning Blacklock had argued the jury should not have been told it could apply the defence of necessity to the Case because it lacked a sense of the defence argument says the need for abortion outside Hospi tals justified the doctors mannings arguments were interrupted by persistent questioning by one of five Ontario Appeal court under questioning by Justice Charles Manning said the defence of necessity applied to the Morgentaler Case since a delay caused by Hospital committees in a woman having an abortion created a danger to her mental and physiological that contrary to the whole Sec Tion of 251 judge Dubin referring to the criminal code Sec Tion which says abortion can Only be performed if the life or health of the woman is Blacklock argued the trial Justice William erred in Law by failing to put the questions properly to the he omitted to leave certain mat ters and clarify certain aspects of defence of and he defended the crowns a peal of the arguing the court should not be bound by the course taken at the the Appeal Michael Doulton is your Host for artist Yin action by Royal Doulton for mothers Day or the summer an 3piece Gold Colour trimmed vanity set Brush and Mirror with Cream coloured moire backs and antique Gold Colour sculptured roses and comb with Gold 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