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[source: NativeNews; Mon, 21 Feb 2000 09:24:32]
 

Conviction upheld in Ipperwash killing
By John Miner -- Free Press Regional Reporter
http://www.canoe.ca/LondonNews/01_n5.html

The family of slain native protester Dudley George has been left with mixed feelings after a court upheld the conviction of Ontario Provincial Police acting Sgt. Kenneth Deane in the killing.

Sam George, a brother of Dudley, said he and his brothers and sisters are pleased Deane lost his appeal against the conviction. But George said the family was hoping the court would order Deane to serve a jail term.

"My brothers and sisters are a little disappointed he didn't get anything," George said yesterday.

Deane was convicted in 1997 of criminal negligence causing death for shooting Dudley George when police clashed with native protesters outside Ipperwash Provincial Park on Sept. 6, 1995.

The natives had occupied the park claiming it contained a native burial ground.

Deane was given a conditional sentence of two years less a day to be served in the community. He was also ordered to perform 180 hours of community service.

During his appeal, heard last September, a Crown lawyer argued Deane should have served a 2 1/2-year prison term for fatally shooting George.

The George family's lawyer, Murray Klippenstein, said from Toronto there is some comfort for the family in a statement by the appeal court judges that they would have considered a penitentiary term for Deane.

Dean's appeal lawyer, Alan Gold, could not be reached for comment yesterday.
Gold had argued at the appeal hearing that his client should receive a new trial based on new evidence.
In a split decision, two of three justices of the Ontario Court of Appeal ruled Friday there weren't grounds for a new trail.
In his ruling, Justice J.A. Carthy rejected arguments new evidence would have led to a different outcome.
"The appellant presented a voluminous carton of evidence which he proposed to have considered by the court," Carthy wrote.
The judge, however, noted that, "most of the evidence was conceded to have been available at the time of the trial."

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