The Lucknow Sentinel, 1997-05-21, Page 3Lnelcnova Sentinel, Wednesday, May 21, 1997 Page 3
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carge tat e jury a es our
tours
rotor page f
In his charge to the
jury, which took about
four' hours Justice
Donnelly said "the spine
of the Crown case" was
the testimony of Pat Cafik
and Mike Ryan who testi-
fied they saw Mistie leave
with Steve on May 31.
In considering the testi-
mony of those two wit-
nesses, Donnelly cau-
tioned the jurors, "There is
a very real risk that an
honest, conscientious wit-
ness could be mistaken:"'
He said three months•
had passed before they
'gave their statements to
the police,, and four
,months after Kevin Adair
recalled seeing a young_
woman: with Stevee that
day.' •
Donnelly said human
recollection is "notorious-
ly" -unreliable and suggest-
ed the brief conversation
Ryan and Cafik testified
\they had with . Mistie may
have beenon the long
weekend, before May 31,
when the couple first met.
Mistie and her. best friend.
" 'On`" the other hand,
Donnelly reviewed a state-
. rnent made by Gordon
Ferguson' in the defence
case. Ferguson, who now
has brain damage and .is
°quadriplegic after an acci-
dent
.,
gave specific details
about .helping Steve take
his boat out of the water
andpf the time spent fish-
ing that day with a friend.
Although he .didn't know
the specific day, he pro-
vided details that linked it
to May al. ,
"He's. hitting all_ six
cylinders with these.
answers," Donnelly said
after reviewing Ferguson's
testimony.
He said it's sad to think
how Ferguson will spend
the rest of his life, "But he
may have significance to
this case."
'Donnelly rarwiewed the
testimony of witnesses
who said they saw 'Mistie
after May 31.
He said if,the jurors
believe any one of those
sightings could, be .accept
ed beyond a reasonable'
doubt, -they had to to find
Murray not guilty.
"The fact no body has
been found is an 'important
factor indetermining she
is dead," he said: .
While a body isn't
needed for a murder: to
have occurred, Donnelly
said each juror had to be,
satisfied Mistie is dead.:
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If they believed Mistie
was dead, he said' they
also had to, be satisfied
beyond a reasonable doubt
that Murray had the intent
to kill Mistie.
Further, they had to be
satisfied' that is wasa
deliberate act on Lake
Huron on May 31.
He reviewed the
Crown's summation that
Mistie had not run away,
she was sent to the boat by
Steve on May 11, he con-
cealed that fact from the
police, kept Anne away
for two days to avoid dis-.
covering Mistie was miss+
ing and didn't tell the
police about any.witnesses
he knew were at•the har-
bor that evening.
in review • of the
defence summation, , he
said the crown is over-
reaching, it was unreason-
able Steve would take
Mistie outin plain sight,
would expect a body to
resurface if he did, the
Crown's ;witnesseswere
riddled with inconsisten-
cies and witnesses saw
Mistie. after May. 31.
Morris will not 'be
appealing:
He said'f
Donnelly"Was
clearly' correct in the' law:"
As.'..a result, Mbrris'takes
no issue with Donnelly's
charge' to the jury, adding
Donnelly had brought
• some .corrections to the
attention of the jury after
the initial charge.
Six officers worked
full-time with Morris,
preparing for the trial.
Two officers, Goderich
Constable Mark Johnston
and 0 -PP Detective
Constable Arden Farrow
were assigned to the case
for almost two years.
The investigation into
Mistie's 'disappearance
began June 2 when. Anne
Murray reported 'her miss-
ing to the Ooderich Police
Service.
Mistie was last seen
leaving Goderich District
Collegiate Institute on
May 31, 1995 around 4
p.m.
Through her testimony,
Anne said she believes
Mistie went from,
Goderich to • Clinton,
London and finally,
Toronto before her trail'
disappeared.
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iWeddin9 Weil take•ptace at :,
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Church at 630. ion
on. Mcft 2'
Apel recerition to follow at .
Guckn9W ConlrnunI ty
Centre.
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Mfi
Is what leu make It
'Make it active
Make. it !cast 'Conger.
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,
AEG IS
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Confidentiy...toward a new future.
1 '1
a::1,
Henry and Marilyn Van hleesch are pleased to welcome Joe Gallant and;
Cheryl Tyson as the new owners of AEG Appliances.
Henry wilt .remain on site for the next several weeks, providing assistance
and support�to'Joe .and Cheryl over` the transitionperiod'
Customers can expect the same commitment to excellence in both product
and service for which AEG has always been known.
In addition to acquiring AEG Appliances, Joe and Cheryl plan to mbve the
operations. of Gallant Communications into the AEG building. at 608
Campbell Street where they will continue tooffer business and residential`
'telephone sales, installation, and service, as well as Bell Mobility products,
including cellular phones and pagers. :
Joe and Cheryl congratulate Henry &.Marilyn on Henry's appointments as.
President of Euro -Parts- and: Territory Manager for Euro -Line Appliances.
1
Euro -Line Appliances distributes AEG from. Germanyy,St. George from '
Australia, IVIalber from Italy, Wolf from the U.S.. and Faber from Italy, to
dealers across North America.
EurorPartsis the company responsible for. servicing .AEG dealers throughout
North America, St. George dealers across Canada, Faber dealers in Ontario,
and Malber dealeratasross Canada.
This is an incredible and well deservedopportunity for Henry and Marilyn,
and we wish themevery success in their new venture. Vile are delighted that
they, along with children Scott and Marina, will remain and grow in the
community which has become their home:'
We look forward' to a long 'and` successful working relationship with Henry as
our distributor and territory manager. This is,.ajremendously exciting and
challenging time for all of us as we renew and deepen our coinniitment to
this community.
More, good news to come! • '
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