9 - Wednesday, January 28, 1987 - North Shore News

Police saves man

A 28-YEAR-old Vancouver man
was discovered by police barely
conscious in a vehicle idling in
Lynn Creek Headwaters Park.

D oug Collins A police officer checked the

° 2 man’s vehicle Jan. 25 around 2 a.m.

cs) get this straight @ The police officer found a
vacuum hose running from the tail

pipe to the side window of the car.
The man was rushed by am-
bulance to Lions Gate Hospital,
where he was later reported in

satisfactory condition.

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THANKS TO the Ontario Appeal Court, I have taken to
singing the national anthem again. And did so at Burns
Night in the old watering hole even though some would

have paid to keep me quiet.

How long this choral activity
lasts will depend on what hap-
pens in the Ernst Zundel affair.

Zundel, you may remember,
was convicted for having
published ‘false news’’ by put-
ting out a booklet that denied the
Holocaust.

His prosecution was a scandal,
That was why I testified for the
defence at his trial. Not that it
did him any good. The situation
being what it was, it wouldn't
have done him any good if I had

f been Jesus Christ or H.L. Men-
cken,

When he was found guilty,
Judge Hugh Locke gave him the
savage sentence of 15 months.
Rapists and bank robbers have
got away with less. So 1 gave up
singing about ‘‘the true North
strong and free’’. A forlorn pro-

f test, no doubt, but all mine.
Now, however, the appeal court
has brought down one of the
most devastating decisions in
legal history.

The appeal was granted, the
conviction was set aside, and a
new trial was ordered. The jury,
said their honors, had been im-
pioperly empanelled. Improper

sj evidence had been admitted and

proper evidence excluded, and

i the judge had “seriously misled”

the jury. In other words, the
judge himself had spread some
false news. Zundel could be
found guilty only if he knew he
was wrong about the Holocaust,

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and the jury had been informed
differently.

Defence counsel Doug Christie
claimed in his appeal that the
trial judge was biased. That was
my impression, too. 1 have never
seen a judge act the way Locke
acted. ‘Sit down, Mr. Christie,*'
he yelled at the lawyer while |
was in the witness stand. It
rentinded me of Capt. Bligh ad-
dressing Fletcher Christian.

There were frequent gasps and
grunts from the bench as His
Honor disapproved of this and
that. And Christie relates in his
masterly 100-page appeal factum
that the judge made faces to the
jury behind Zundel’s back
(‘‘grimaced’’) while the accused
was testifying. Defence witnesses
were told to “Shut up!"'

This was a heresy trial and po-
fitical affair from the start.
Sabina Citron of the Holocaust
Remembrance Association was
the one who laid complaints
about Zundel. The legal dogs
were quickly let loose by the then
Tory government of Ontario, and
groups like the Canadian Jewish
Congress joined the pack.

No sooner had he been con-
victed than Immigration Minister
Flora MacDonald cravenly an-
nounced that Ottawa would open
deportation proceedings against
him. Which it did. Yet the same
Ottawa lets in gangsters and con-
fessed liars by the hundred.

Zundel admires Adolf Hitler

and thinks the jolly old Fuehrer
has been libelled. That’s what
makes him such an easy target.
But there are in Canada thou-
sands of admirers of Joe Stalin,
Mao Tse-tung, Castro and other
fine killers. Some of them even
hold public office. If they can
admire their heroes, why can't
Zundel admire his? And if he
publishes a booklet called Did Six
Million Really Die?, so what?
There are plenty of contrary opi-
nions.

The government of Ontario
may have changed, but not much
else has. Typical of this case, for
instance, is that Zundel had to
spend the weekend in jail pending
a new bail application — even
though he was officially inno-
cent. And the Crown is asking
that the gag order imposed on
him by Locke be re-imposed.
(Zundel was forbidden to discuss
the Holocaust or any related sub-
ject — another great Canadian
“*first’’.)

Nor has the Liberal attorney
general dropped the charges
against the accused, which he
could and should do. For with all
the screaming that’s been going
on, how can Zundel get a fair se-
cond trial?

I resent being told by Jews,
Catholics, Calvinists or anyone
else what opinions I may hold. It
disappoints me, therefore, that
the appeal judges did not strike
down the dumb and obscure law
under which Zundel was charged.
But for the time being, at least, I
will still warble the words of the
national anthem.

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