Winnipeg Free Press

Winnipeg Free Press (Newspaper) - November 20, 1987, Winnipeg, Manitoba Rank 10 Winnipeg free november Ernest Marshall regrets police tribunals upheld Ottawa Saskatchewan mountie who was disciplined by an internal ramp tribunal for Man handling a suspect has lost a bid to overturn a separate criminal conviction for assault in the same the supreme court of in a 61 ruled yesterday that Roger Wigglesworth has not been subjected to double the constitutionally forbidden practice of prosecuting someone More than once for the same Wigglesworth was fined by the internal tribunal for grabbing a suspected drunk Driver by the Throat and slapping him several times Dur ing interrogation in in february he was later prosecuted for com Mon assault in the criminal courts and fined another Madam Justice Bertha writing for the supreme court a said a police officer is answerable to his professional Peers through internal but he must also be answerable in court like any other the ruling was a key one in a package of five that centred on the investigation and punishment of police in a Trio of Ontario the court ruled that the constitutional Guaran tee to a hearing by an Independent and impartial tribunal does not apply to internal police and in a Case that raised different Legal the court approved a provincial inquiry into allegations of brutality by Vancouver police although it warned against put Ting pressure on the suspects to incriminate Wilson rejected complaints by police officers from Toronto and Oshawa who claimed that internal disciplinary panels Are unfair be cause the municipal forces act As both prosecutor and again drawing a distinction be tween courts and inter Nal Wilson concluded that police panels form a separate category not covered by the charter of rights guarantee of an Independent the ruling Means internal hear Ings can proceed against d Jerry charged with insubordination and unlawfully leaving his Post after he refused to walk his beat in Oshawa in a 1982 dispute with a d Gordon Trumbley and Rodney charged with having sexual Intercourse on duty with a woman they picked up in their Toronto patrol car in d William charged with falsely arresting an of duty fellow police officer in Toronto in 1981 and demanding a breathalyzer Burnham claims he is the victim of a plot by other officers to cover up their own under the Ontario police the maximum penalty for misconduct is dismissal from the ramp disciplinary tribunals can impose jail terms of up to a in a Case that hinged on the ques Tion of Federal provincial Power the court ruled 81 that the British Columbia police commis Sion can investigate allegations that Vancouver police assaulted a Drun Ken Man in drug seizures set new record Ottawa Dollar value of illegal drugs seized by Canada customs million set a rec Ord again last Revenue minis Ter Elmer Mackay said it was up per cent Over the minister said in a the number of seizures where the size suggested an intent to traffic Rose 14 per cent to 296 from 259 although total seizures dropped per cent to the release did not specify the Quantity Canada Cus Toms considers trafficking marijuana continues to be the most common drug followed by the number of marijuana seizures dropped 14 per cent but the Quantity was almost four times greater than in hashish seizures were up 14 per cent but the Quantity was Down to almost on Quarter of 1985 seizures of opiates and synthetic drugs were up sub Mackay More than Worth of illegal drugs have been seized so far this mountie regrets botching Marshall Case review up the mountie who in 1971 reviewed Don Ald marshalls murder conviction said yesterday he regrets the Way he handled the Ernest Marshall relation to Donald the last witness be fore the inquiry adjourned for two when it resumes 7 it will hear from one of the prime wit retired Sydney police chief John As sergeant of detectives in Mclntyre headed the investigation of the stabbing death of Sandy some witnesses have since said he pressured and threatened them into stating what he wanted to resulting in youngsters stating that they saw Marshall kill Seale when they really had the ramp sent Marshall to Sydney to review the Case 11 Days after marshalls conviction because Jimmy Macneil had come Forward after the trial with information that his Roy was the real the mounties investigation agreed with the local police conclusions so the Case was not reopened and Marshall was left to serve a life sentence in he stayed in prison for 11 years before the Ebsary evidence Resur he was freed and a elderly was sentenced to a year in jail for i for the life of figure out i botched the the retired inspector he admitted that if he had done his Job properly the Young micmac in Dian would have spent Only a few weeks in jail instead of 11 he told Donald marshalls Clayton he is remorseful and a Day Doest go by in which he Doest think of what he should have his 1971 report was based on Only two polygraph results and what Mclntyre told he said he took what Mclntyre told him As it appears there was More rub be stamping than i would have liked to have said who at times was visibly shaken during his the fault lies Here on my Shouk but he said he had no reason when he arrived in Sydney to distrust Macl tyres Marshall also testified that he has no idea Why his report never reached the provincial attorney generals his superiors sent him to Sydney the Day after they Learned that Macneil had made a statement in not Donald mar As the one who stabbed died of a knife wound to the stomach on May in a downtown Donald who was 17 years old at the time and was with Seale that Ernest Marshall said his main objective was to determine whether Macneily statement was believable and he Felt a polygraph test would be one of the Best Macneily test results were de scribed As unreliable while Ebsary was considered to be telling the the commission adjourned to when Mclntyre will i i Toshiba digital microwave you cant afford not to open tonight tomorrow 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