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Court says no means no March 2, 1999

Readers may recall the comment which I expressed in the House of Assembly that victims in sexual assault cases are still being met with the defence that "no'' didn't really mean "no''. They will also recall the criticism which my comments drew from certain members of the legal fraternity. I thought therefore, that it would be interesting to draw to their attention that the very week I was being criticised, the Supreme Court of Canada decided in a sexual assault case that "no'' does indeed mean "no''. The court's ruling stated that: "There is no defence of implied consent to sexual assault in Canadian Law''.

"A belief that silence, passivity or ambiguous conduct constitutes consent is a mistake of law...and provides no defence. An accused cannot say he thought `no meant yes'.

"In a sweeping dismissal of how the lower Alberta courts handled a 1994 sexual assault case, the country's top court used its rarely invoked power to convict carpenter Steve Brian Ewanchuk, 49, of sexually assaulting a 17-year-old girl during a job interview in 1994.

"The case drew national attention for a trial judge's invention of the "implied consent'' idea, as well as an appeal judge's comments Ewanchuk made "clumsy passes'' that were more "hormonal than criminal'' and his observation the girl didn't present herself in a "bonnet and crinoline''...

"The Supreme Court of Canada's decision unequivocally tossed out Ewanchuk's acquittal, saying a new trial would not be in the public interest. Instead, the high court's justices ordered Ewanchuk back before trial judge Ken Moore for sentencing only. At that time, his criminal record of four sex offences will be a factor.'' This, Mr. Editor, was the very point I was trying to make. I intended no personal criticism of the Chief Justice. I wanted to highlight the issue that comments that imply that "no'' does not mean "no'' perpetuate the myths and stereotyping that women have endured for centuries.

Finally, I want also to help change attitudes and thinking of our community so that everyone will understand that "no'' actually does mean "no''! KIM YOUNG JP MP Paget TV show was racist February 17, 1999 Dear Sir, I think that it was February 3, 1999 that I had the misfortune to watch a prime-time TV presentation purporting to give an insight into certain aspects of African culture.

This lecture was one of the most racist diatribes I have heard for some time.

Considering the fact that the virtually captive audience was composed of teachers, this was attempted brain-washing at its worst and, worse yet, almost completely factually inaccurate.

I have lived for some years in different parts of Africa and have been involved first-hand with different educational systems, etc.

Here are some facts regarding universities: Whilst there were `seats of learning' north of about parallel 15 degrees N, the earliest universities were Egypt 970 AD and Morocco 859 AD. One is Hamitic emitic, the other Arabic.

South of the 15th parallel there were no pre-Second World War universities save in South Africa.

By the same token, neither were there any written languages. The written Bantu language for example is a phonetic one devised by a missionary.

One hopes that with the majority election of the PLP, Bermuda is on the threshold of a new era; but such public outbursts can only have an adverse effect on the cause for racial and social harmony.

A LITTLE LEARNING IS A DANGEROUS THING City of Hamilton Give the UBP credit February 26, 1999 Dear Sir, The 100 days have now come and gone since the PLP won the election convincingly. In that time they have been riding high on the crest of a wave of unequalled prosperity that they did not create.

I am so tired of hearing the constant criticism of the UBP. Nobody seems to remember any more that all this fantastic success we have had in this country was created during the UBP's years in power.

Think back for a second: Did the PLP create the well-run island we now have, which is the envy of all? No. Did they create the insurance business environment so conducive to companies doing business here? No. Did they create the exempted company business? No. Did they build the Bermuda College? No. The list is long and goes on and on.

I am not congratulating them on this, as it was won not on their achievements but on the sound government Bermuda has had through its history.

All this criticism of the UBP has got to stop. If it was not for the UBP we would not have what we have today. The PLP at this time is reaping the fruits of somebody else's labour. Let us see if they can keep it this way.

L.L.

Pembroke Come clean, Mr. Bearden March 3, 1999 Dear Sir, With reference to Mike Bearden's letter to the Editor of February 22, 1999, regarding the potential dangers associated with dry cleaning solvents used in Bermuda and abroad, I would like to say: 1. He is absolutely right. The industry has known of the potential dangers, has accepted them and made significant efforts to counter them: (a) separate dry cleaning rooms; (b) massive extraction and ventilation systems; (c) self contained units to minimise exposure, etc.

My question is, "has the cellular tower industry bothered to recognise the significant data available by many of the world's leading scientists, pointing to the potential health hazards associated with the radiation emissions from these towers?'' or "Is the almighty dollar the driving force yet again?'' 2. We do not put dry cleaning plants next to your houses where your children live and play.

3. Staff have a choice where they work. Children and families with these towers have absolutely no choice.

4. Let's talk about your motives, Mike Bearden. Come clean with us, your neighbours. There are about 300 of us who want to know.

a) You are a manager of Logic Communications, which is wholly owned by BTC.

BTC has a massive stake in the cellular industry. Any conflict, Mike? b) Many of us are quite confused about how any right-thinking individual would want to risk people's health. Why not err on the side of caution? It seems logical really, unless you have some personal investments at stake. Inquiring minds want to know, Mike.

c) We are well aware of how little regard you have for the environment and how angry you subsequently were when the neighbourhood complained to Planning about the wilful destruction of all those beautiful trees you tore down to extend your house. It is indeed a sad day when our beautiful Island is treated with such disregard.

But really, Mike, come clean. We'll be sure to wave when we see you.

STEPHEN THOMSON Warwick Dry cleaning irrelevant March 3, 1999 Dear Sir, In response to Mike Bearden's letter dated February 22, 1999 with regard to EMF's versus perchloroethylene, it is so irritating to read such a detailed letter as Mr. Bearden has managed to produce. We are talking about the dangers of electro-magnetic fields. Why are you changing the subject? I find it quite amusing that Mr. Bearden has taken the time and trouble to investigate perchloroethylene. When did this subject ever come up in this discussion? Why don't you take the time to investigate on the most up-to-date studies of dangers caused as a result of EMF's which have only recently come to light and stay with us on this subject, rather than go flying off on a totally different subject? I would just like to say one last thing to Mr. Bearden: The subject in question is EMF, not perchloroethylene.

STAYING FOCUSED City of Hamilton Go-karts were great March 3, 1999 Dear Sir, The recent Go-Kart race in Hamilton was a satisfying success. Hopefully security was also satisfying. There was an expense incurred by the Kart Association. What methods could they use to make money to cover at least their expenses? Congratulations to the Kart Association, the Corporation of Hamilton, the Police and any others for helping to stage this event.

I bet the minds are already looking ahead for events like this. My suggestion is a Grand Prix series of races. There could be say four races, at Hamilton, Dockyard, St. George's and Southside through a race season. The regular season races should carry on at Southside.

There were some people in the city that day. Wall to wall, like white on rice packed like sardines. As big a spectator event as Cup Match was. I bet you the newly formed street Motor Cycle Association will try for this City style of race. Go for it David Jones and company.

Thank you and good luck to all.

ROGER LAMBERT Sandys Parish Caption was misleading March 1, 1999 Dear Sir, Regarding your recent publication of a photograph and comment on the Waterloo Cup Hare Coursing Event, Altcar, England.

I lived the best part of 30 years just a few miles from Altcar -- where this event is held. During these years I have attended this meeting on numerous occasions. So it came as a great shock to me to read your very misleading comments on the event.

Firstly during these occasions I have been one of up to sometimes 10,000 supporters of the Cup, with maybe 100 protesters present.

Secondly during all these times, I have not once seen a hare "torn apart by the dogs'' -- this is a great untruth.

There are a small percentage of kills during the event -- roughly one in ten courses, the majority of the time the hare runs the dogs to a standstill.

Should this event be taken away -- an event which is over 150 years old -- ironically it would be the hare who would suffer.

Gamekeepers are employed to protect and conserve the hares and the area.

Taking the Cup away would lose them their jobs, as they would no longer need to conserve the hares. The hares in turn would not be tolerated by the local farming community who would need to eradicate the large numbers of hares present on the fields of Altcar.

I seem to recently recall reading a very differently written article on the subject of Deer Hunting with Hounds in France. This almost `enchanting' report on that hunt does seem to differ from your photograph and comment on the Waterloo Cup.

I had hoped that I had left this misleading form of journalism in the Tabloid Press back in England, although it seems not.

A. FARLEY Hamilton Parish