The Vancouver Sun from Vancouver, British Columbia, Canada • 60

F8 The Vancouver Sun, Tuesday, June 6, 1989 ed for aDorn irotester Jury trial By LARRY STILL Sun Legal Affairs Reporter A jury trial in the case of an anti-a- bortionist charged with criminal contempt would provide a "light nine rod" with which to test the com munity's feelings on abortion, a law yer argued Monday. Humphrey Waldock, presenting a constitutional argument on behalf of Perry Stack, said his client has the right to be tried by a jury represen tative of the community. a. A i The lawyer suggested a jury trial 5 fv if Buy any 3 President's Choice pantyhose and is essential because the judiciary, by jailing protesters for blockading a Vancouver abor-ton clinic in defiance of a court order, has decided abortion isn't immoral. B.C.

Supreme usioao9jm receive a President Choice Spring Green Bath Gelee, 600 free plus one cent. GIBBS Court Justice Reginald Gibbs, who reserved judgment on thejury issue, rejected the lawyer's suggestion judges have made a pronouncement on the morality ol abortion. "No judge of this court has taken a position on either side of the issue. What the court has done is to state that activities at the clinic, in view of A Vichy ypo- Buy either Vichy's fabulous NEW Restructuring Eye Gel or the Supreme Court of Canada striking down the Criminal Code's abortion provisions, are lawful. Waldock argued that criminal contempt, although generally prosecuted by way of summary proceedings, is still an indictable offence entitling violators to trial by jury.

The lawyer also relied on Sec. 1 1(0 of the Charter of Rights, which says anyone charged with an offence for which the maximum penalty is five years' imprisonment or more is entitled to trial by jury. He noted the penalty for criminal contempt, a common-law offence not covered by statute, is theoretically unlimited. Saying the anti-abortionists' stance cannot be categorized as a "petty nuisance" for which the summary process is sufficent, Waldock suggested the whole country is divided on the issue. He noted some people think abortion is atrocious, while others feel it is a woman's right.

He said some feel disobedience of the court order is a scandal, while others believe it is scandalous for the courts to uphold the clinic's rights. Since Parliament has failed to re-enact a new abortion law, he said, a jury trial in respect to the protesters is the best way of letting the community decide the issue. allergenic yr Concentrate Vital anti-ageing spray and receive a Beauty on the Go kit free plus one cent. TT1K 9968 on lv.c va a A reaewe i i tlly jj Loros or bonus gift value 9.98 Buy any men's or ladies' watch and uesipner 2 t- receive a Windmere curling ironbrush free plus one cent. Disappearance still a mystery By NEAL HALL Sun Crime Reporter More than a week after their daughter Cindy James vanished near her Richmond home, Otto Hack and his wife are running out of hope.

"The best hope we have is that she took off, but that doesn't make sense," the retired Canadian air force officer said in an interview Monday from his Vancouver Island home. The couple recently returned home after spending painfully long days at their daughter's Richmond home waiting for news of her whereabouts. James, whom Hack called an "exemplary" nurse at Richmond General Hospital, went missing May 25 after depositing her paycheque at a bank machine at the Blundell mall on No. 2 Road. "The last person to see her was at 7:59 p.m.

at the Bank of Montreal the person (in line) behind her saw her," Hack said. His daughter was to meet friends a Vancouver couple for a dinner date that evening but she never turned up, he said. The couple drove around Richmond searching for James and eventually discovered her 1981 powder-blue Chevy Citation parked at the shopping centre at about 11 p.m., Hack said. Her bank card was found under the car and her purse, keys and bags of groceries, were in the locked car, he added. Richmond RCMP S.

Sgt. Ron DeRoon said there has been no trace of the woman since she went missing. He added there is nothing to suggest foul play or that the woman was abducted, which is Hack's theory. The father said his daughter was terrorized beginning in 1983 when she was assaulted in Vancouver by an unknown assailant. He detailed a list of other assaults, threatening letters and phone calls that came later.

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