The Windsor Star from Windsor, Ontario, Canada • 22

PORTIONS OF THIS PAGE i PRINTED IN COLOR I 22 The Windsor Star Thursday, February 2, 1978 The Province Court says MPPs must name sources; Ziemba wont "fi 4' a. iw think they arc convinced that I am sincere." In writing the dissenting opinion, Judge F.S. Weathcrstone said judges should retain discretion in ordering a witness to testify. On the question of public interest, Judge Weatherstone said an elected official should refuse to name his source only if he is satisfied a breach of confidence would be more harmful than a failure to achievejustice. The court ruled the Ontario legislature does not have the power to pass legislation protecting MPPs from being ordered to disclose sources in a criminal action.

own and will not require the name of his source. Ziemba said he is not looking forward to another court session, or possibly unother jail session. The Appeal Court, in a 3-to-2 decision, ruled MPPs do not have privilege during a criminal court hearing to refuse to disclose confidential sources if the information is relevant or admis-sable. Attorney-General Roy McMurtry, who had referred the case to the Appeal Court, said the judgment is reasonable and not surprising. He said he has no intention of ap- pealing to the Supreme Court of Canada.

McM urtry also said he will not press the federal government to amend the Criminal Code to give legislators special immunity in the courts. He said Ziembas refusal to reveal his source at a preliminary hearing becomes irrelevant when the Abko trial begins later this month. It does not mean the trial judge is bound to send Ziemba to jail if Ziemba refuses to answer, the attorney-general said. said he doubted the trial judge would send him back to jail. I Me said Wednesday the protection of his sources of information is a matter of principle and he will not reverse his position "no matter what the consequences." Ziemba said he was disappointed ith the courts decision because it ill make constituents reluctant to approach their MPP with any information.

Me says he hopes he ill not be called to the witness stand and asked to reveal his sources of information when the Abko case goes to trial. And he hopes the judge may rule the evidence presented will stand on its TORONTO (CP) Ed Zicmba, NDP member of the Ontario legislature for Toronto High Park-Swansea, said Wednesday he will remain silent if Recalled to the witness stand and asked to reveal his sources of information. Ziemba was commenting on a decision made public earlier in the day by the Ontario Appeal Court that an jMPP cannot refuse to disclose the $ource or content of information from fin informer in a criminal proceeding. I Ziemba spent six days in jail last Summer for refusing to disclose the source of information that led to fraud Charges against Abko Medical Laboratories of Toronto. ED ZIEMBA 30-year-old is judged insane in strangling of three women 5 annually by an advisory committee which will make recommendations to the provincial cabinet on whether he is "safe to return to the public," Mr.

Justice Carruthers said. Prosecution and defence lawyers had asked the jury to bring in the insanity verdict. Crown Attorney Michael Martin and defence counsel Valdis Libis said evidence and professional opinion proved Johnson was insane when he strangled the three women. Libis said he was not challenging evidence that Johnson strangled the women. It would be foolhardy for me and it is not my intention to get you to believe that it was not Johnson," Libis said in his summation.

Martin said if the jurors came upon the murder scenes, they would say the deaths were the acts of a madman. LONDON, Onl. (CP) Russell Maurice Johnson, charged with first-degree murder in the deaths of three women, was found not guilty by reason of insanity by an Ontario Supreme Court jury Wednesday. Mr. Justice Douglas Carruthcrs said the jury, which took just two hours to reach its decision, could not have reached any other verdict in face of the evidence.

Johnson, 30, will be sent to the maximum security wing of the Mental Health Centre, Penetanguishene. Johnson had pleaded not guilty in the deaths of Diane Beitz, 23, of Guelph, Dec. 31, 1974; Luclla Jeanne George, 23, of London, April 15, 1977; and Donna Veldbloom, 22, also of London, July 15, 1977. Johnson will be held in the Penetanguishene centre indefinitely. His case will be reviewed -y Tops in product, price, service and installation! Balance Control Stereo Indicator Light LocalDistance Switch AMFM Mode Switch Tone Control Fader Control mi We ore Tile Specialists and We Will Assist Youl Tape Eject, Fast Forward Adjustable Shafts CARPET TILES "OZITE" Svlf-ltith.

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