Winnipeg Free Press

Winnipeg Free Press (Newspaper) - May 24, 1997, Winnipeg, Manitoba Saturday free May As Dan Sample to be tested in England with new system by Bill Redekop staff reporter a Dan Sample that could vindicate David Molgaard is going to England because he and his lawyer want to be sure of unbiased it goes without saying that meaning David and would be not at All comfortable with ramp said lawyer James you dont go to the enemy and ask him to Clear the Sample is a suspected semen stain on the underwear of a slain Saskatoon nursing aide killed the tiny stain is Milga Ards last Chance to prove he didst commit the the stain has been tested before for Dan with the Rulp system that is being phased out by most police but results were the stain will be tested with the pc str polymerase Chain reaction Short tandem repeat which can produce Dan profiles from much smaller Sam and much said Gary of the ramp Dan lab in Regina and Vancouver labs have All been converted to the Winnipeg lab Hopes to have pc str by fall of if the stain produces a Dan it would take just a sin Gle probe to Clear if the probe Doest match his his innocence would be to convict four probes Are needed from a Sam All Matching the suspects under Canadian the testing will be conducted at the forensic science service in in results Are expected later the same Justice minister says police have right to demand Library Book by Alice Krueger legislature reporter Manitoba Justice minister Vic Toews says Winnipeg police were Well within their rights when they demanded that copies of an allegedly pornographic Book be pulled from Library the action has nothing to do with censorship of Nancy fridays Best seller women on top How real life has changed women sexual fan Toews said the police action is part of a Normal process of putting people on notice they May be in violation of the it has always been the role of police to determine whether there is sufficient he generally the attorney generals department is not the investigative body the police do and that the appropriate role for the he said yesterday As charges of censorship swirl around the i dont think this is an Issue of censorship its a question of an alleged breach of the Law and How do you Deal with he said when police received information of an alleged breach of the they were required to he said in this Crown attorney Mike he said has a Long relationship with the Vic squad in giving these types of opinions was called on by in his the matter was Toews the minister said it was then up to police to decide whether they should Lay charges or find some other alter native mechanism to Deal with the in this particular the police said lets discuss this with the Library before we proceed to he i consider it a legitimate use of prosecutor Al or police discretion to discuss these matters beforehand rather than simply taking a rigid approach and moving towards a pros Toews said theres nothing unusual about what was because its the Way much of the criminal Law is dealt with on a Day today we leave that discretion to the police there the investigative we provide Legal assistance both in terms of opinions and ultimately he Winnipeg libraries have indicated they will withdraw the Book from circulation temporarily until they can get clarification from the Crown on How the Book May be pornographic under Section 163 of the criminal Toews noted any accused who Dis agrees with such alternate disposal can insist on the right to have the mat Ter heard in if they take the position it is an infringement of they have the right to say to police we wont Deal on an alternative basis either charge us or go the jus Tice minister then police have to consider is there a reasonable likelihood of conviction and is it in the pub Lic interest to do so Toews said he had no input in or Advance knowledge of his Crown attorneys he Doest say there should be a charge he simply says it appears that there is sufficient Legal basis to proceed in that the 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