Abortion, sterilization decision made | VICTORIA (CP) — The director of an institution for the mentally handicapped told an inquest Wednesday that he felt a 32-year-old severely-retarded woman was personally incapable of handling a pregnancy and live birth. The inquest algo learned that the Crown had in- vestigated doctora involved in the case and that there had been diacussian of laying Page 8, The Herald, Thursday, October 11, 1979 charges against them ranging from murder to procuring an abortion. Dr. John Kenneth Martin said he recommended to the Victoria General Hoapital | sterilization committee that ° the woman's pregnancy be terminated and that she be sterilized, Martin, director at Glendale Lodge, was testifing at the inquest of the woman's child, a baby boy, who died 10 hours after being born by caesarean section * Sept. 18, 1978. The inquest was called because the death wes riled unnatural. The inquest, which heard aften-complicated testimony, was adjourned briefly after a lawyer representing four doctors in- volved in the case asked that the Crown promise not to lay charges against them. Martin described the Midwife’s protest is based on fetus status VICTORIA (CP) — A lawyer defending a 52-year- old midwife accused of criminal negligence said Wednesday he will challenge the prosecution's accusa- tlons by declaring a motion of no evidence, The complex legal concept is based on the novel legal point in Canada of deter- mining when a human fetus become a person. Margaret Lillian Marsh, of Sooke, has pleaded not guilty before Judge Peter Millward to criminal negligence causing death to during a home childbirth. Defence counsel Peter Leask of Vancouver said during told the judge that the case is unusual and will raise at least one serious legal issue. He said the prosecution will present its case and then he would make a no evidence motion. The motion was expected to be presented either today or Friday. Crown Counsel Nicholaa Lang said the point of law on the no evidence mation ia of sufficient complexity that the judge may want to reserve his decision on it. Lang said the prosecution believes there are severel areas in which Marsh was negligent: An autopsy report read into the court record stated the baby died a a cerbral haemorrhage from a tear in the skull The trial continues. Inmemory of aman... Your contribution will help students from every school district in British Columbia a with bursaries, fellowships, and endowment funds to attract the world’s finest scholars in public administration. Credit Union or write: C/O University of Victoria P.O. Box 1700 Victoria, British Columbia “ofthe tte ta ptovinee” Please give through your chartered Bank or RETARDED WOM woman as having a mental age of 3.3 years and said the father of the child remains unknown. Hesaid the woman — was ona mixed ward with 20 other severely-retarded patients, {wo of whom he said were potentially capable of fathering the child. Documents tendered to the inquest, presided over by Dr, William MacArthur, British Columbia’s chief coroner, stated the baby died of hyalin membrane disease — a respiratory disease, But when the autopsy was carried out, the physician negiected to include his report with the death cer- tificate. The report obtained later cited the cause of death as prematurity and termination of pregnancy, Because it was not reported to the coroner within 24 hours, it was VANCOUVER (CP) City fraud detectives have charged two United States citizens with stealing §10,000 cash from a woman July 31 by working the pigeon drop — one of the oldest con- fidence games known to ee. Ethel Bryant, 65, and Geraldine Russell, 35, -being held in Ottawa on similar charges, also face attempted theft charges laid after two incidents in late July in Vancouver and Burnaby. Police said a éi-year- old woman was ap- ANOTHER PIGEON proached July 31 by an elderly woman who began a conversation, As they talked, a third woman walked up claiming she had just found a wallet containing about $45,000 cash. The victim was tricked into putting up $10,000 as ashow of good faith on the understanding her money, plus a third of the found cash, be returned to her later, The pigeon drop is a popular scheme in Callfornia and occurs about twice a year in Vancouver, police said. Seat belts praised PRINCE GEORGE, B.C. (CP) -- A coroner's jury in- quiring into the July 8 death of a 17-year-old Mackenzie, B.C., girl has recommended that ‘promotion of the use of seatbelts be reviewed and expanded, The jury made the recom- ‘mendation Tuesday after finding that no seatbelt was worn by Andrea Susan Albers, who was driving a friend's car when it went off the road near McLeod Lake, B.C. and rolled. - Miss Albera was thrown out of the car. Passenger Bruce Mosa, 24, also of Mackenzie, was not seriously Injured. Moss said he let the girl drive the car for three or four hours on the morning of - the accident because. he... “believed that he was im- paired by alcohol after at- fending a party the night be- fore. The jury was told Miss Al- bers, who had apart fallen asleep at the whee was thrown through the open window, An RCMP breathalyzer ‘teat two hours after the accident showed Moss had a yd _ gplood: weoho! reading: of .04 nd: 05 percent -whieh is under the .08 level needed to be legaily impaired. classed as ‘unnatural, Dr. Garth Walther, director of pathology at Victoria General Hospital, said a caeasarian section is performed anywhere from the 33rd to the 40th week of pregnancy. A child would : have between a 10 and 15- percent chance of survival if one was performed in the 28rd week, as was the case with the child in queation, he said, ’ The woman's mother, Mrs. Margaret Grieve, said neither she nor her daughter were aware of the pregnancy. When told of it, she presaed for an operation as soon as possible. “T just didn’t want her to ‘have it,” she said. "She didn’t know what happened to her, poor kid, Mrs. Grieve said no pressure waa put on her by doctors to have her daugher JUVENILE TRIAL Hit fee squandered VANCOUVER (CP) — The $800 that a 15-year-old boy is paid to have got in the alleged murder of an elderly man was spent on women, liquor and taxi rides, a family court judge waa told Wednesday. The trial ia the firat of a juvenile to be open to the media and public since a ruling by the Sritish Columbia Court of Appeals cleared the way. The ju- venile cannot be identifled. The accused juvenile, now 17, la charged in the June, 1978 death of %l-year-old George William Dickinson. . Pathologist Dr. Rodney Brammail told Judge Malcolm MacDonald Wednesday that the victim suffered bruises, six broken riba, appeared to have been tied with his hands behind his back and died of shock, Dr. Brammall said the man had a preexisting heart condition, A young buddy of the ac- cused, now 16 but 14 at the time, testified the accused came to his house, sald he had robbed a man, showed: him more than $800 in bills and invited him to help him spend it. He said the accwed during the next three days hired taxis for rides to White Rock and te Surrey, bought both of them new drese slacks and jackets, ved in hotels, had friends go to the liquor store for them, picked up prostitutes and took them to a hotel. City detectives’ Gten*:! Clemett and Morgan Gun- dersem testified the accused gave this statement lo them -at police station in the presence of his father: “I was down at Stanley Park. [ was drunk and fell asleep for about 15 minutes. I walked up towards Burrard and this guy In a TR6 gave me a ride up to the alley: where the man lived, “Then 1 wettt thfotgi'the back, knocked"ori the’ door andheopened it. Lasked him if] could we the phone. I] had ‘a stick and said ‘give me your money, 20, 40 dollars. T'll pay you back’. Isaid this in a commanding way. “Then he ran to the phone and I tore the phone out. Then after, I pushed him on the couch, ‘I want to borrow 20 or 40 dollars, that’s all' then he went to his room five seconds ahead of me. Then he gave me about $50 out of his pants. ‘When he gave it to me he went to the dresser and he tion and gned ergo the WS sullingly , Vancouver laywer A. D._ Thackray asked MacArthur. to defer the hearing Lepr the Crown decided whether. charges are go ng to Be aid” againat any of The lawyer sald there tad been dincussions that charges ranging © from murder to procuring an abortion would be laid against two of the doctors grabbed a straight razor ail: he throat, r. il octet. E : dn‘t me my ‘t want leave any prints or aot “Then | said ‘give me the”. reat of your money, all of it,” He gave it to me from under: . neath the mattress. Then he’ went nuts and I decided [ wouldn't be able to get away ao [ tied him up and I Jeft.""" * The trial eotiauee. Travel agencies ° hit for evasion VANCOUVER (CP) Federal income tax in- vestigators have discovered report overrides ar kick.’ backs.” iol” He sald that In the Vai $3 million in unreported couver area, investigators: income, $500,000 of It in the — have Information on about 50° Vancouver area, afler'an 18- firme. Complete audits have. month crosa-Canada - in- veatigation of 570 travel agencies, says a senior tax” “ official. And the unreported: ie -eame could be ds high as ®. million by the time the in vestigation is complete. Theprobe began in March, 1978 when investigators con- ducted simultaneous raids on 75 alrline offices and travel agencies handling domestic and international travel, They were looking for evi- dence of kickbacks, commis- sions, discounts, rebates, under the- table deals ane at conttara cpunts -in which: tickets ire traded ot tor goods of a similar value, They also looked at free trips given away for promotional purposes. A senior tax official who did not want his name used, said Wednesday ‘that audits have been completed on aut: one third of the 570 ravei agents and the ph PPP agpiae ‘been finished on i8 and the . investigation so far hag: " turned it ,000 in un: “ i ee ot ua und ration for. ra ation and there five. or or alx are tag looked at for charges, he’ 8a The tax de not consider it a crime fort the-airlines to give rebates — and kickbacks, but It la an offense by travel agencies or individuals not to declare favors as Income receiyed. The first firm and in- are re ca vena & Iwata, who operates K. Iwata Travel Service Ltd., appeared before Judge Erik Bendrodt, charged with evading paying ' fax on $21,123 overtwo years * in 1974 and 1975. He pleaded guilty and was fined 25 per cent — $1,713 — of the $6,653 In federal tax unreported? income axsounts: that odveala have been cla to $3 million." “Not all of those firms looked at sd far failed to is firm wab fined $792 ona total of $2,505 in tax money not paid. : : “WINNING: NUMBERS. ao BEEBE | I Bilatai si atahse Pifst el elite Pot alay sy if ai BDD \f the jast six, five, four or threg digits on your ticket are identical to and in the same order as the winning numbers above, your ticket is eligible to win the correspanding prize. 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