Winnipeg Free Press

Winnipeg Free Press (Newspaper) - May 10, 1985, Winnipeg, Manitoba R l in Peg free May i i sexual assault ruling applauded prosecution believed easier after mistake belief defence rejected Habib Justice War crime initiative praised former under Secretary of state Phi lip Habib praised the Canadian government last night for its efforts to bring nazi War criminals to in Winnipeg for an award Cere said the United states has Long held the position that War it finals should not be to escape jus ramp probe he said he was not aware of a recent com Mission established in Ottawa to report on the number of War Crimi nals in Canada and How they can be brought to but Habib said the Canadian initiative was a positive the retired Diplomat was a guest speaker at a dinner sponsored by the Winnipeg chapter of6anadian friends of israels hebrew uni the chapter officially established a scholarship in the name of Winnipeg businessman Izzy Asper for Manito bans to study at the he brew Habib said the government has been actively involved in extraditing nazi War in the jus Tice department set up a special investigation Section to find and take action against War criminals and nazi col Habib said he could not understand Why the Issue of bringing War criminals to trial should create a Contro if a crime has been jus should be he the Canadian com Mission has received opposition from a num Ber of ethnic organizations who say the Pur suit of War criminals is an attack on certain groups and National former Spe Cial envoy to the mid dle said bringing War criminals to jus Tice is not a threat to International diplomatic Massey name Sticks a Winnipeg doctor has lost his bid to have the name of Vincent Massey school fort Garry school Board unanimously agreed last night to re Tai the name honouring the former governor William a graduate of the last month urged the Board to change the claiming Mas while High com missioner in had played a role in preventing jewish refugees from coming to Hay could not be contacted last his original proposal was greeted coolly by but they said they would consider the last trustee Gerry Warrenchuk moved that the Board retain the Massey the Board passed the motion with Little Dis by Larry Hill Winnipeg free press Ottawa prosecution of sexual assault charges was made easier yesterday when the supreme court of Canada upheld a Winnipeg rape a Federal lawyer and a Manitoba Crown attorney the court rejected John Henry san regrets argument he mistakenly believed his victim had consented to saying he wilfully blinded himself to mistaken belief is a common defense against sex As Sault i think it is a Victory for All women in said Manitoba Crown attorney David who argued the Case in Richard general counsel for the Federal Justice departments criminal Law policy in cases where Clear facts suggest the accused must have known his victim was not it will be More difficult to mount the classic defence that the Man wrongly thought the woman was willing to have Mosley Kathleen chairman of the Justice committee of the National action committee on the status of applauded the 76 mistaken belief has always been something that men have used its been a classic Way to try and get themselves off the it is very easily it is some thing that in really delighted the courts Are analysing and scrutinizing in far greater Winnipeg defence lawyer Richard Wolson said the combined with criminal code changes in would make it harder to use the argument of mistaken its open to the jury to say he had an honest belief but he wilfully blinded Wolson who acted for said it concerns me if an accused honestly Doest have the intent to commit the if he can be Justice William Mclntyre noted in his ruling the 31yearold Winnipeg victim had complained to police she had been raped by the offender in september and in octo who was her former was charged after the second in the Case that went to Sansregret broke into the woman threatened to kill her with a Butcher bloodied her made her bound her hands with a Scarf and terrorized convinced he would kill her if she didst Calm him the woman obeyed when told to lie said she loved him and consented to judge Mclntyre serving a five year jail term for break and unlawful confinement and said he was innocent because he thought the woman was genuinely but judge Mclntyre upheld the Manitoba court of Appeal decision that she was raped because the consent was forcefully to proceed with Intercourse in such circumstances without further inquiry constitutes self deception to the Point of wilful judge Mclntyre where the accused is deliberately ignorant As a result of blinding himself to reality the Law presumes knowledge in this Case knowledge of the forced nature of rape provisions in the criminal code were replaced by categories of sexual mistaken belief in consent May still be used As a defence but the new provisions make the reasonableness of the mistaken be Lief a Factor in determining whether the belief was truly in his 23page judge Mclntyre said it May be thought that this question has become of minor but it would appear that similar cases involving similar defence claims May Well arise under the new code provisions and the applicable principles will still require Roberta head of the Manitoba advisory Council on the status of called the ruling a step but she indicated the mis take belief defence should be abolished if somebody walks up to you in the Street and knocks you Down and robs nobody gets into a big judicial discussion about whether the aggressor honestly but Mista Kenly believed that you wanted to be knocked Down and she yes wireless Remote records up to 8 hours infrared Remote search still pause full warranty recorder Cash a carry Cash carry Ems pm Tare Conye Itule warm a picture search freeze Frame Remote pause Ultra lightweight Ruji portable video recorders 14 Dat 4 events full function Remote control slow4mtion new front Load Cable ready wireless video the ultimate stereo 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