The Citizen, 1999-10-13, Page 1Government I Recognition Education
Goderich mayor threatens
to call in commissioner
for restructuring
See page 6
8 Blyth students receive
special award at CHSS
commencement
See page 11
Vol. 15 No. 40 Wednesday, Oct. 13, 1999 70C + 5C GST 750
Jury acquits Cook
on theft charge
Honoured
Doris McCall unveils the plaque renaming the Brussels Dam as the McCall Dam in honour of
her late husband, Bruce, who passed away last Thanksgiving weekend. McCall served many
years on the Maitland Valley Conservation Authority and it was thanks to his diligence that the
dam and parkland underwent a major revitalization several years ago. (Ashiey Gropp photo)
Morris group seeking annexation
must wait until 2001, says council
By Janice Becker
Citizen staff
A group of Morris Twp. residents
will be told to wait until 2001 to
have their concerns addressed.
The township ratepayers, who all
reside at the north edge of Brussels,
wrote a letter to council in which
they requested annexation into the
village. The reasons they gave
include the fact that they consider
Brussels their community of inter
est, as well as the fact they benefit
from many of the village’s services,
such as water and fire.
After discussion at their Oct. 5
meeting, however, Morris council
lors decided that nothing could be
done at this time.
“The time frame does not allow
the township to do anything,” said
Reeve Bert Elliott, in reference to
the ongoing amalgamation process.
A letter will be sent to the group
advising them to reapply to the
newly amalgamated municipality in
2901.
It took a jury in Goderich less than
two hours, Wednesday, to find a
Blyth man not guilty of a charge he
had stolen more than $50,000 in pro
ceeds from Nevada ticket sales at
the Blyth Branch of the Royal
Canadian Legion.
The trial of Peter Cook, 33, which
lasted eight days, had resulted from
charges laid in December, 1998 fol
lowing a five month investigation by
OPP. Crown Attorney Bob Morns
estimated the amount of money
from companng the value of Nevada
tickets shipped by Bazaar Novelty
Company with the amount of money
actually deposited in the bank from
the receipt of ticket sales (less pay
outs for prize winners). The crown
estimated that the proceeds of more
162 boxes of tickets of 362 shipped,
had disappeared.
But in this two-hour charge to the
jury. Justice J. C. Kennedy told
jurors, “it is in dispute whether any
money was taken.”
Defence counsel Phil Cornish had
contended there were “extraneous
factors” that could account for the
discrepancy. In one case. Justice
Kennedy said, the Legion itself
thought it had been double billed for
a shipment of tickets.
In addition, Cornish said, esti
mates of the amount of money miss
ing varied from $20,000 early in the
investigation to more than $50,000.
“Accounting at the Legion seemed
to be somewhat less than satisfacto
ry,” Justice Kennedy said.
“It is up to the Crown to establish
that money did disappear,” Justice
Kennedy emphasized.
If they established that money had
been stolen, the judge said, then the
jury must also be convinced beyond
reasonable doubt that Cook took the
money.
Justice Kennedy noted the
Crown’s case was built on circum
stantial evidence — that no one had
even witnessed Cook taking any
money.
The Crown based its case on the
fact that Cook was uniquely situated
to have taken the money but Cornish
claimed others were in position to
Morris, Brussels
talk garbage
By Janice Becker
Citizen staff
The question of how long
Brussels would continue to take
garbage to the Morns Twp. landfill
site was up for discussion at the Oct.
5 session of Morris council.
Brussels Reeve Ralph Watson
expressed his council’s concern
over the suggested March 1 termi
nation date for the landfill agree
ment and asked that several issues
be discussed.
Morris council had earlier sug
gested the March date as the tenta
tive closing for phase one of the
landfill site and the date which the
agreement with Brussels would be
have tampered with the Nevada tick
ets before Cook even received them.
The tickets were delivered to anoth
er Legion member at a local busi
ness because it was more convenient
to take deliveries there than at the
Legion.
Under cross-examination, that
member admitted that he had been
dismissed from his own job because
he had been stealing from his
employer.
Cook, testifying on his own
behalf, said that when he received
the boxes of tickets not all were
sealed with the Bazaar Novelty
packing tape. Some had been sealed
with regular packing tape available
from any store, he said.
In some cases, he testified, it
appeared the tape was not pressed
down firmly and might have been
altered.
Cook also said he never counted
either the tickets in the boxes or the
boxes to see if the shipment was cor
rect, just recorded the numbers on
the packing slips.
In addition. Cook said, while he
made out bank deposit slips, some
times others volunteered to make
deposits through the night deposit
and since the deposit bags weren’t
locked, it would be possible for oth
ers to take money from the bag.
The Crown attacked Cook’s credi
bility, citing a “warning letter” sent
to Cook by the Legion executive in
September 1996 but Justice
Kennedy said he felt the letter was
“a neutral document”. “There is no
suggestion in this letter that the
Legion was complaining about the
accused himself being involved in a
discrepancy of cigarette sales for his
personal use.”
Cornish, in his summation to the
jury, said the Crown had built, “a
beautiful ground theory that had
been murdered by brutal facts.”
Following the not guilty verdict,
OPP issued a press release saying
they will continue their investigation
into the matter “and are working
with the Blyth Legion in order to
implement more stringent account
ing practices.”
terminated.
Brussels would be responsible for
50 per cent of the perpetual care
costs for that portion of the site.
Brussels Clerk-Treasurer Donna
White outlined the issues, saying
she had spoken to county and min
istry representatives on how to alle
viate concerns.
Morris thought Brussels would go
to the Grey Twp. landfill site
because of amalgamation, said
Reeve Bert Elliott, as Tumberry
may want to come to Morris.
However, White said this was not
necessarily the case. “Because we
amalgamate, it does not mean the
garbage can be taken anywhere.”
Continued on page 6