Ontario Community Newspapers

Whitby Free Press, 12 May 1976, p. 20

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(' PAGE 20, WEDNESDAY, MAY 12,1976, WHITBY FREE PRESS Crown Attorney Bruce Affleck Meibers of ti Chainber of received a lessci importance of il Canada's systemn from Durham Crowîî Attorney B at the Chamnber' mîeeting Monday. "The trial put determine guilt shadow of a doul Affleck, poi ±-.ing is very importar accused person1 trial. It is far betterJ man* to go free innocent man to b he said. "The syste Intgrityin the Whitby the calibre of integrity Iliat Commerce protects the innocent people )n on thie even though in the long rtîn .ntegrity in it inay protect the guilty". 1 of justice Mr. Affleck stressed in his Region's speech that as a crown ruceAffleck attorney he lias "to go by 'S monthly the rules", and cited a number of examples where rpose is to lie hiad to ruake decisions 1 beyond a wliicli involved the integrîty t", said Mr. of both himiself and the out that it judicial systemn. nt that an One of his examples was gets a fair the recent Windsor banik robbery in which one and a quarter million dollars was t for a guilty stolen by tive men. ýe than an Mr. Affleck was acting as e convicted prosecutor in the case and em demands at one point ini the trial, the c justice. ens ures a fair trial defense couinsel aisked himi for the written records of îineups ini whichi witnesses hiad identified the suspects. The witnesses ini court said the accused were the robbers, he said, but the defense wanted the records of the lineups 10 see if there had been any doubt aItlîhat time in the minds of the witnesses. "It was very ternpting for mie to say 'no', that this is a confidential police report", said Mr. Affleck. He stated' that a young inexperienced. lawyer tried to, destroy thie records at thiat monient to protect the prosecutioni's case, "but 1 said 'no' (to lîirn) and presented the paper as evidence". Mr. Affleck pointed out that even thoughi the records mighit weaken the prose- cution's case if the witnesses were unsure at the police lineups, il was important for thie accused to have a fair trial. On another occasion, lie said, lie was asked by the attorney general's department to prosecute a murder case involving an Indian at Cochîrane, Ont. The Indian chiefs had requested him to prosecute the case lie said, because tlîey felt Ilîey were being discrimi- nated against because they were not getting prosecutions in murder cases because they were Indians. Mr. Affleck rclated that the crown's case was support- ed by a psychiatrist who said the accused murderer was not drunk enough to form- the intent 10 kilIthe victini. lie wcnt on Io bell blic clîaîiber inembers tlîat the psychiatrist later spoke to linîi privately, statîng tliat lie was not sure lie could stand by his previos position. and asked for guidance. 1I said, if' you have any doubis l'ni flot going 10 stand in front of a jury and t orture the evideuice", said Mr. Affleck. "Wc operatc ou0t of' a systeni of' laar play and Justice. Il* thîcre is douhl. i t iniSt CoiC outb ini thie case M r. Afflec:k said lie stiggcsted thie deb'eise plead nuonslaughîi (o: . anud the .ccuscd ptc:uded oltyt1<) ibis clarge. 'Flic accused got tirec e vc: Durliam Region's Crowll Attorney Bruce Affleck gestures as hie tells the members of the Whitby Chanîber of Commerce about the importance of integrity in Canada's system of justice. He cited several examples in a speech Monday, where integrity was the central issue in cases whicli lie lias prosecuted in his 15S years as a crown attorney. Free Press Photo in prison, tlie higlîest sentence ever gîvemi in tlîat ar'ea, lie Saîd . Mr. Affleck said he was cocrncibout cases wlîere lie comsidered the evidence wvas ii strong erigh to iake a conviction, and citcd the Peter Demeter trial and a conviction of a Saban's Choice miemober as exanîples. lI question the kind of evidence that determ-ined Deineter's guilt", he said. As he said previously, "the trial purpose is to deternîine guilt beyond a shadlow of a doubt. It is important for you to main tain a consistency as 'ar as your ideals are con ce rtned")l. Hi Neighibour! WE'RE HAVING AN OPEN HOUSE ON MAY 14 AND WE'LIKE YOU TO JOIN US FOR COFFEE AND DOUGHNUTS OUR FRIENDLY STAFF WANT TO MEET YOU AND TELL YOU 0F OUR MANY SERVICES. SQ DO PLAN TO ATTEND AND MAKE IT A Famiiy Affair! TheFuCanadWBoEW* Bank of Montreal 100 Brock Street South WHITBY

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