The Citizen, 1992-06-24, Page 29THE CITIZEN, WEDNESDAY, JUNE 24,1992. PAGE 29.
Poor health proves poor defense for Brussels man
A Brussels man's plea that he
didn't get a fair shake, didn't hold
water with provincial court Judge
R.G.E. Hunter in Wingham on
Wednesday.
Clinton farm
site of
conservation
day
The 10th annual Soil and Water
Conservation Day will be held on
August 27 on the farms of Don and
Alison Lobb, north of Clinton.
The Huron Soil and Water
Conservation District invites
everyone interested in
“Conservation Farming in the 90's”
to take advantage of the
opportunity to attend. You will see
the conservation measures being
used on these progressive farms
which protect the on-farm and off-
farm environment.
Walking tours and wagon tours
will provide opportunities to hear
about tile water and groundwater
quality, cropping systems, cover
crops, weed control, windbreaks,
reforestation and grant programs.
Speakers will also present
information about conservation
farm planning - past and present,
and possible future directions of
conservation programs for
agricultural lands.
Plan now to attend and mark
your calendar. More details will
follow. Conservation Day is an
ideal opportunity to gain
information about the environ
mental benefits of conservation
farming.
For more information, contact the
Clinton OMAF office at 482-3428,
Ausable Bayfield Conservation
Authority at 235-2610, or the
Maitland Valley Conservation
Authority at 335-3557.
Charles Mason, of Turn berry St.,
pled not guilty to a charge of hav
ing over 80 mg of alcohol in his
bloodstream, on grounds he felt he
should have been able to have a
blood sample taken instead of a
breathalizer due to the fact that he
suffers from emphysema. In
defense, he also argued that he had
not had the opportunity to speak to
a lawyer.
Judge R.G.E. Hunter however,
after hearing the evidence said he
was satisfied that the crown had
proven its case. "I can see no
breach of tradition and all the tests
were taken properly."
The charge was brought, after an
incident in Brussels on Dec. 7,
1991 at 1:28 a.m. Witness for the
crown was Const. Joseph Devolder
of the Mount Forest OPP, who had
been operating a RIDE program in
Brussels that evening. He testified
that a car travelling on Victoria St.
had proceeded through an intersec
tion without stopping.
Const. Devolder told the court,
the car pulled into a private drive
then the driver left it and began
walking into the residence. The
officer said at that point he stopped
the accused who showed him a
valid license. However, upon
speaking with him, Const. Devold
er said he did detect a strong odour
HURONVIEW
Health Care Aides are required for casual part-time
employment which involves shift work.
Please apply in person at the Main Office prior to July
3, 1992 at 1400 hours.
Those who have applied within the last year need not
fill out another application.
We thank you for your interest and only those who are
selected for interviews will be notified.
Donna L . Surgeoner
Director of Nursing
P.O. Box 219
Clinton, Ontario
N0M 1L0
of alcohol. An ALERT lest, was
administered, which Mr. Mason
failed. After standard procedure
was followed, Mr. Mason was
taken to the police station for a
breathalizer. He blew 150 for both
readings, the court heard.
During cross-examination, Mr.
Mason, who acted on his own
behalf, asked Const. Devolder if he
remembered that he (Mr. Mason)
had told the officer about his
emphysema and asked to be taken
for a blood test as he didn't think he
could give an accurate test on the
ALERT. In response, Const.
Devolder said he did recall Mr.
Mason mentioning his illness, but
had no recollection of his asking to
be taken to the hospital.
When asked by Mr. Mason if the
officer in the breathalizer room had
been told about the emphysema,
Const. Devolder responded nega
tively.
During his own testimony Mr.
Mason argued that he should have
been permitted to have a blood
sample taken instead of a breathal
izer. Judge Hunter, however, saw
little validity in the argument. "Are
you saying you'd have had a differ
ent reading? The fact is you blew.
Your rights were not breached in
the test because you blew a read
ing."
Mr. Mason later argued that he
was not given the opportunity to
speak to a lawyer. During his testi
mony Const. Devolder said that he
had called legal aid while Const.
Vincent Stewart assumed custody
of Mr. Mason. "I spoke with
Katherine Kreuger, whom I have
worked with many limes before,
then transferred that call to a pri
vate room for Mr. Mason."
Mr. Mason, however, told the
court that when he spoke with the
person she told him she was not a
lawyer, but an answering service.
He told Judge Hunter that after
hearing this he had then asked
Const. Devolder if he could call a
lawyer and was refused. "You get
one phone call." Mr. Matnn
^ALTERATIONS^
VANASTRA PUBLIC
SCHOOL
for
HURON COUNTY
BOARD OF EDUCATION
Sealed tenders addressed to The
Huron County Board of
Education will be received at the
office of Kyles, Garratt &
Marklevitz, 516 Huron Street,
Stratford, Ontario N5A 5T7, until
1:00 p.m. on Thursday, July 9,
1992.
Bid Bond in the amount of
$10,000.00 is required to accom
pany tender. Successful bidder
will be required to provide a 50%
Performance Bond and 50%
Labour and Material Payment
Bond.
A limited number of tender docu
ments will be available to General
Contractors only from the office
of Kyles, Garratt & Marklevitz,
upon deposit of a certified
cheque in the amount of $50.00
per set.
LOWEST OR ANY TENDER NOT
NECESSARILY ACCEPTED.
/an
Bea Dawson AllanV. Chair Director Z
Judge Hunter. "He (Const. Devold
er) dialed legal aid. Why didn't I
get to make my phone call?"
Mr. Nclligan then recalled Const.
Devolder who said Mr. Mason did
not at any lime indicate he was
unhappy with the telephone conver
sation. Const. Stewart was called
upon to back up his colleague's tes
timony. He told the court he had
observed Mr. Mason through a
glass door and noted that he spoke
on the phone for about four minutes
after which he made no comment
regarding the call.
Judge Hunter found Mr. Mason
guilty and in addition to taking his
license away for 12 months fined
him $750 or 35 days to be paid ii
six months.
fALTERATIONS^
BROOKSIDE
PUBLIC SCHOOL
for
HURON COUNTY
BOARD OF EDUCATION
Sealed tenders addressed to The
Huron County Board of
Education will be received at the
office of Kyles, Garratt &
Marklevitz, 516 Huron Street,
Stratford, Ontario N5A 5T7, until
1:00 p.m. on Thursday, July 9,
1992.
Bld Bond in the amount of
$30,000.00 is required to accom
pany tender. Successful bidder
will be required to provide a 50%
Performance Bond and 50%
Labour and Material Payment
Bond.
A limited number of tender docu
ments will be available to General
Contractors only from the office
of Kyles, Garratt & Marklevitz,
upon deposit of a certified
cheque in the amount of $50.00
per set.
LOWEST OR ANY TENDER NOT
NECESSARILY ACCEPTED.
Bea Dawson 4 J? B. Allan
ik Chair ’ *1 Director A
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