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Exhibit Book Volume 38 Donald Marshall

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J 46 6s1 Governments 'Dragging Feet' On Compensation Issue: Lawyer relis Cacchione. Inc lawy er 'es/resew land %its) both autinailtra all Iulg Ounald Marshall iJr I of Member. 1.111IIC kM,1 lead yet the matter yeas- log •ho spent II years In prtai.in kr a istrhaualt. It id faith clear so murder be did not mann:, sa)s be stIll 1161/4" haul been able to obtain another Mr ilarvhall a as acquitted 44 the melting wig' Provincial Attorney crirne early last 3ear •Iler rbe• e. nkrice General Roo Giffin to discuss posait.ils obtained by the ttl'1411 pougell to compensation from We government for another man. Roy Newman Lbury Mr Mr Marshall's • rongful imprlionment Lbsary • as later Cali ItArd at Mr Cacchtone me( with Mr Giffin in manslaughter in (-connection , t5 tl,r late 1013 lo discus) compensation but death of Sandy Stale of Westmourst Ilt received no word compou.stion might ails sentenced to live years io privoya. be I orthcom ins Slaty Mr. CucChkioe told We Post )esterday Mr Catitovepe also said the status of that both the provincial and federal it, Marinall's lawsuit against ,he tst gortramenta are "dragging their of S)dr.ey and its puller department far ea We Wive He said attempts Is meet allegedly mishandling &us case has not recently with federal representatives, moved further Court documents his, also hi ve beta unricresaful. latel Wed us the prothoes.Aary's office Mr. Cacc.bione said Be can't unders. but have not been served on parties C-e T 7, / ley 47 MacNeil statement. • - • liaa evmence more In November, 1971, RCMP were : dispatched to Sydney to conduct poly- ' graph tests on James MacN41 and the' appeal — MacLeod man whom he said did the stabbing, Roy Ebsary. By MERLE MacISAAC prosecuted. But I would expect• le Ebsary passed the polygraph and a Staff Reporter" would have gone to the defence." said p the results were inconclusive on Mac. ';1 e Eyewitness evidence which Mr. MacLeod. • • Neil. The matter was wrapped up by Jr., 12 years MacNell'a testimony, combined cleared Donald Marshall, NOV. 30. Last Novemher, a Cape Bre- after his murder conviction should with evidence from two witnesses who ton jury convicted Roy Ebsary Of have been disclosed to defence law. said they were pressured by Investiga- manslaughter in Seale's death. tors Into giving false testimony at Mr. -yers before hli 1972 'appeal, 'says a On Jan. 31, 1972, attorneyleneral Marshall's original trial, led to Mar- former Nova Scotia deputy attorney. department lawyer Milton Venlot . general. shall's acquittal last year after he had I UtAti • 1 7 1984 appeared before a threelustice appeal: Innis Mac c , who servea as spent 11 yet.rs In prison. ,.• • court panel and argued the Crown's' deputy • attorney-genet-31'1 the time, Mr. Marshall's lawyer. Felix Cat- case against Marshall's lawyer, R. M. said In an Interview Monday he has chlone, has called on the attorney-gen- Ro:enblum. "absolutely no recollection" of a Nov- eral for a full public Inquiry Into the Mr. Venlot., said Monday he did • ember, 1971 RCMP review after Initial investigation which gave rise to not wish to be quoted on the case ,In' James MacNeil, Sydney.: came for- false statements from three witnesses. the event that he Is called as a witness %yard and told investigators Marshall ' Last week, Provincial Court at any future court proceedings. did not stab 18-year-old Sandy Seale. Judge Lewis Matheson, an assistant Innis MacLeod said Monday that, "I would expect that • (MacNell's Crown prosecutor at Marshall's origi- the department format followed In information) would have been nal trial, said publicly that he remem• 1471 was for lawyers to gather for cot- trtnsmitted to defence attorneys," bored contacting N. R. Anderson, the fee at an informal session In the morn- sad Mr.'MacLeod. - ' director of criminal prosecutions at ing when matters of the day were disJ : . "The department ,kept # general the time, when he heard. of James cussed. eye on criminal .proceedings but MacNell's information. ' Mr. MacLeod said that then-attoi-' Crown prosecutors pretty it ran "It was quite a dramatic thing In ney general Leonard Pace "In all the5. own show In the' city where they our minds but It may have, been rim- probability" would not attend *the' tine in his," Judge Matheson said yes- morning session. lerday. The judge said he remern• Mr. Pace. a Supreme Court ap-, peal division bered the occasion because' the Crown Justice who presided at prosecutor in charge of the case, .the' Marshall's 1912 appeal, said yesterday', he has "no personal recollection" ot late Donald MacNeil, was out of town; the 1911 Incident and that under de-s. MacNeil. camp . forwa.td. when James partment procedures at the time, he 10 days after Maishalli'convIcton end; would not have had any Involvement: said another man itabbedzSelifeuelPt The attorney-general's depart.: 14#1:*„%at "1 had lo iir1 ment's original file on Mr. Marshall'i borne; I'm quite. sUret case has been destroyed under routine. Judge Anderson that department procedures, a department Judge Mathe nffirial cnnfirrneel VEKfertiay. t'judie.1:14 defence la— In'adent althouBs them himself. Z. 1r Mr. Anderson.- now Cam Judge N. R. Anderson, bas' been quot- . ed as saying, and confirmed 'last week, that be cannot remember the • 48 eckpe6reiDo .4,5•71 .TanGkary /91 /9244 P 4L" Marshall's Appeal Lawyer Says He Didn't Receive New Evidenc —ipmettualL11- ..• .•• •• int. the Lteree Sun Wri4e kes lite lisle I seLe•d. Neve beard go woothetwerl (taker eaele"atee la C • okblue. the kono's deputy Attorney. amen/ of Or Marsha Neveenbor iall Syesry lawyer isle .1' r Gourd it the lime. as Junk liseltel moo -‘•1. (vermin I January of myvAg uy( mil.swaira kr. rot...tato Dynald Mar. ward atior the trkl and PAM Jr. is 1173. Judge Pace vu le wyere th.xlid haat beret Si. appeal Quoted thie vett u Si,. told love:614.ton out lus Sect La 1171, said Wodoes- an tied before Ili appeal lag -we perox41111C104t. friend Ebaary was lewd. day that k on! kW the ' that aa eyewitaesa lad doe" • tho 1171 Widest ly the lUkr. eeNts appeal mawl that am tome krward with in. ithd sot baring bete hot twatirleo at if truta's trident* Sal name to to- lormatioa tbat could trial. volved, bleak. of itght La the weeks lodow. dear Marshall. II! /Sep arts/mg proe @dune NCLIP lade. the ci M rwhall'e coo net ke at Lk Woo. MacLeod uid be lied .. rev*. after tbury paw recolikilow of as RCMP of eaurgeriag limey ed a lireletewtor Lai ant Pt.. Net Alegre review underta Lin la 1/71 'J.• Judge le i lneeoe sal reudu were incoodunive Provincial Court Judge not I wk. Janes MacNeil Sc MacNeil. D. A:4'. ware Irliethif LW time lore IN after the Low. Ilathesovv, am .• Crewe Presocteor La rho former &TM, at. Aisisteat Crowe Pre- -•••• trtal. et NelJ bad aot ever received lay torrera, tonvey genera/ said be asocutor at Marshall's edictal kidded al Mershall'a would expect Mac/tetra original vr '. noon (rem the tnal. Viet told tho' ..... Alloraey•Coserall Informs tioa would have Poit earlier ihat Si hoes transmittal io the : de-penmen/ as a res/di oi believed the defence 1... - the RCMP Ineealtgelloe 1 defence lawyer'. He said lawyer mad have been rtd Iota Lk his • department her. a thforme.1 by the late ivy general tyt Mr. Rosenblum I . OR 'Um he erurand Donald C. MacNeil. the de td. art norvitsJiy relics- procteJings but local Crowe Proiecuter Is ;NV, LI:eluded de detod• • evi to the policy. sot crown prosecutors Ivrti• chirped:4Mo. lor terta, filed by the Trask-vises IC ly wed raa the show in the 1114 Mr. Rout:4m, wt.. Judge Mathew wall. Ike. city where they pro- la weld:mate Le Florida. ird that the Crowe Pro- I posted." Sydney Pe.lks Mel leld the Post la a secvtor VII ally Marshall's Centel the from John lied:gyre kidded lelephooe city whet James during the wood trial 0 lawyer. hid Cacti/loot. -sterday Ilut he wu not MaefrieU came forward May Newman [bury ,•has stied for a Nil public told c: the new evidence. with Ili aew evidence IS I inquiry by the attorney days Iasi November Viol as the Huai/bile., se et• after Mershall's officer to Marge oe tbe leo genera's dens rising Mi. RCMP officer who took tottIttled. Hi rem/gallon ikt led to the handltog • the tantal part la the tavegliation remembers contacting ' Marshall's ea:victim, he Invettlgation. %tics N.R. Andarsoci Li (be new evidence hu , director felt the lavesitgailoo al lark crime wan/mks decided not to tad pubde- ei citalaal 'monitions the sew evidence ly eke.* the case anima V 1 b e 'Im I. with the the Al homey- bed ha Wiled try RCMP, to 4 :". .f re w e gad permluion Ince Cmerel DeParillubl in avoid aay conflict ed witnesses have WI they . his former 144.f.w. if 'Wu at the Um. Is- • wen A. G f. How West. is:muted by 16- m pout. wir dyge I aunty Court Judge. ter a be • The thki testified Mal . Judge Matheson "114 I WeibLa semi, ,..10 !Null du tom qixend . Matements. VrIf4 ibf . of I gal as wing : bis Irrvolview with Ihe Marshall served more a jot.. New he dces Dot recall the ' eau ended sten other gu.k..
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