The following text may have been generated by Optical Character Recognition, with varying degrees of accuracy. Reader beware!

ye required to pay An appeal. was found guilty f the drug-murder ife, Carmela. 45 WIDE-DELIVERY ND LOVELL RPE NGS HE TIME ALL it! 24 hour ser- spatched trucks erve you. Plan Available EXPERIENCE}. 110 King St. W. AVER! this ad apply D00' or more food which ts heet lots, All ' en in-stock ale. $ ges | et teed B® de NEL BEAVER 4 PARENTS TO FIGHT ON | DECISION SPEAKS FOR ITSELF: PENNELL Only Prison Life Ahead For Truscott OTTAWA (CP) -- The leaden prospect of cofitinued life in prison stretches before Steven Murray Truscott. A government-ordered study of his sex-slaying conviction at age 14 was completed Thurs- day when eight justices of the Supreme Court of Canada up- held his conviction. One. dis- sented. ; | The majority opinion was that there were "many incredibili- ties" in his denial that he killed 12-year-old Lynne Harper in 1959 near the Clinton, Ont., RCAF base where the parents of both youngsters were stationed. The federal cabinet asked for the high court opinion and the pes of any further action in ie case now rests there. But it is considered unlikely the cab- inet would adopt any course of action counter to the majority opinion. Solicitor-General Pennell, who announced the reference to the high court a year ago when controversy was sparked by a book. on the Truscott case, told reporters after the court an- nouncement the decision "speaks for itself." Asked what the next step might be, he said: 'I'm not pre- pared to say now that there is any next step." For Truscott, who has spent eight of his 22 years behind bars, this was strong indication that he will continue serving the life sentence ordered for him after bis sentence of death was commuted in 1960. He is eligible for parole in about two years. A warden at Collins Bay peni- tentiary at Kingston said Trus- cott got the news of the deci- sion in a telephone call from his lawyer and showed no emotion. Truscott was allowed to speak to his mother and Isabel Le- Bourdais, author of The Trial of Steven Truscott which cast doubt on his conviction and stirred a controversy over the case. Afterwards he returned to his job in the prison machine shop. PARENTS TO FIGHT ON Mrs. LeBourdais and his par- to fight on Steven's behalf. But the last legal avenue of' ents vowed they would continue| appeal appeared soldly walled by the Supreme Court opinion. In referring Truscott's case to the court, the government asked it to consider not only the trial record but such further evidence as it considered fit. It asked the court for an opinion, once this had been done, on. whether it would have allowed an appeal of the case. Mr. Justice J. R. Cartwright read the finding in the panelled Supreme Court chamber just after 10:30 a.m,: "The answer of the court is that this court would have dis- missed such an appeal." The answer of the Jone dis- senter, Mr. Justice E. M. Hall, was "that such an appeal should have been allowed, the convic- tion quashed and a new trial ordered." 33,000 WORDS It took only about a minute for :he finding to be read. But reasons for the opinions totalled some 33,000. words. * Mr.: and Mrs. Truscott, who have a home in nearby Rich- In the telephone conversation, Mrs. Truscott told her son: "Keep busy, son. We're not|cumstantial jhinged on two key points: quitting." ' Mrs. LeBourdais told Steven) she intended to keep a promise she had made him. She did not say what it was. The Crown case against Trus- cott was based largely on cir- evidence that 1, The contention that Lynne Harper was sexually assaulted and strangled between 7:15 and 7:45 p.m. June 9, 1959, in Law- Mr. Truscott, a former RCAF son's bush near the Clinton sta- warrant officer released from the service last week, said: "T'm not going to quit, by God." He said he would "go clean across the country getting sig- natures, if I have to." Three MPs were in the court room--Liberals James Byrne, Kootenay East, and John R. tion, where her body was found two days later. 2. The contention that sores discovered on Truscott's penis after his arrest were consistent with a sexual attack on a young girl. Truscott never took the stand on his own behalf until the spe- Matheson, Leeds, and New|cial Supreme Court study last Democrat Stanley Knowles, Winnipeg North Centre. g Mr. Byrne said he felt there was insufficient evidence to October. He denied killing the irl, He said he gave her a ride on his bike from the station school- warrant a conviction. Mr. Math-|yard along a side road to the eson declined comment because|main highway and dropped her of his position as parliamentary|there. Returning along the side secretary to Prime Minister|road, he said he stopped on a Pearson. Mr. Knowles said it was in- bridge and saw the girl enter a grey 1959 Chevrolet with a yel- credible that eight of the nine|low licence plate. mond, Ont., were in Toronto with Mrs. LeBourdais. justices found the original judg- ment correct. Truscott said he never saw her again. A score of medical experts ap- peared for both sides and gave stomach contents, the eight noted the time of the girl's last THE OSHAWA TIMES, Friday, Mey 53, 1967 7 divergent views on the evidence}meal at home was known and used to pin down the time of|' death and the possible causes of sores on Truscott's penis. 'we have the time when she started down the road and it 'was not later than 7:15 p.m., Dr. J. L. Penistan, who did) "9t-7:30 pam. as Truscott said." an autopsy on the body, coupled the knowledge that the girl had her last meal at home about 5:45 p.m. June 9 with the state of digestion of the stomach con- tent to maintain that death came not more than two hours after the meal. | He also used the degree of rigor mortis--stiffening--of the body in his contention. Defence experts argued that the time of death could not be so strictly defined. The majority opinion noted that experts called in later were using photographs of the body while Dr. Penistan had first- hand knowledge. ". . . We think that the man who actually saw the condition had an overwhelming advantage over those who were testifying from photographs." SAW THEM CHATTING The time when the pair left the: schoolyard was based on t them chatting there before they estimony of witnesses who saw eft. The evidence given at the spe- cial hearing tended to bear out Dr, Penistan's contention, the eight justices said. They found it "impossible to accept" Truscott's explanation that he never told anyone about sores on the sides of his penis, which he said he first noticed some six weeks before June 9, until he was interviewed by his lawyer last year before the Supreme Court hearing. Doctors who examined Trus- cott the day after the body was found discovered the sores. Truscott's father was present during this examination. The eight justices said: "Dr. Penistan's evidence on rigor mortis must be accepted and the defence evidence on this subject tending to put the time of death at a later hour must be rejected." On the validity of determining the time of death from the LEWIS OPTICAL Established for over 30 years 10% King Street West 725-0444 SALES - SERVICE - PARTS - ACCES. Repairs to All Makes of Shavers and ""'ppers OSHAWA SHAVER SERVICE & SUPPLIES 39 PRINCE ST. OSHAWA 728-4284 e) 1867 lI 1967 RAND OPENING OFFER EVERYTHING 20% DISCOUNT Serving Oshawa and District for 15 Years PEN 7 DAYS A WEEK = SHAWA THICKSON RD. N. ARDEN ER , 4 DAYS ONLY ASA CENTENNIAL OFFER Only 5 Minutes from Highway 2 | "SIMCOE N. | | | VICE co. LTD, @ AVMHOIH PH. 655-3331 | THICKSON RD. |