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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