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Canadain Justice
Appeals Finta Acquittal
Toronto (JTA) — War
crimes trials advocates here
are encouraged by the
Canadian justice minister's
intention to appeal the ac-
quittal of accused war
criminal Imre Finta.
Justice Minister Kim
Campbell announced last
week in Ottawa that the
Crown will ask Canada's
Supreme Court to reverse
the Ontario Court of Ap-
peals' decision upholding his
acquittal.
The 7 9 -year-old,
Hungarian-born former res-
taurant owner of Hamilton,
Ontario, was found not guil-
ty of war crimes charges by a
Supreme Court of Ontario
jury here in May 1990.
Mr. Finta's trial was the
first conducted under a 1987
amendment to the Criminal
Code that made it possible
for Canadian courts to try
alleged war criminals for
offenses committed abroad.
The trial lasted six mon-
ths. Mr. Finta, a captain in
the pro- Nazi Hungarian
gendarmerie during World
War II, was accused of the
forcible confinement of 8,617
Jews in the southern
Hungarian city of Szeged
from May 1 to June 30, 1944.
He was further charged
with robbing the detainees
of their money and valuables
under threats of violence.
All were deported to
Auschwitz and other concen-
tration camps, where most
perished.
A Justice Department bid
for a retrial was dismissed
April 29 by a 3-2 decision of
a five justice Ontario Court
of Appeal panel.
Jewish leaders were pleas-
ed by the justice minister's
decision to pursue the case
further.
The Justice Department
explained the four points of
law on which it bases its ap-
peal to the country's highest
bench to have Mr. Finta
retried.
The first two grounds
allege that the Court of Ap-
peal misinterpreted the
Criminal Code provisions in
holding that the jury, not the
judge, must decide the
jurisdictional question of
whether Finta's alleged
offenses constituted a war
crime, and whether the
accused had to know his acts
were war crimes.
The third ground alleges
that the appellate court
should have found that trial
judge Archie Campbell's in-
structions to the jury did not
correct the impropriety of
the closing address by Mr.
Finta's chief defense
counsel, Douglas Christie.
The Court of Appeal judges
found that Mr. Christie's
summation to the jury was
inflammatory but that it did
not deny Mr. Finta a fair
trial.
Mr. Christie, who has
defended neo-Nazi pam-
phleteers and Holocaust re-
visionists charged under
Canada's anti-hate statutes,
attacked as "diabolical" the
legislation allowing the
prosecution of war crimes
committed outside Canadian
jurisdiction against non-
Canadians.
He threatened that
vengeance would be visited
upon the members of the
jury if they were to convict
his client.
In his summation, Mr.
Christie read the jury
passages from the New
Testament describing Jesus'
refusal to answer false ac-
cusations put to him by
Jews.
The Court of Appeal found
that Judge Archie Campbell
had responded to the pre-
judicial nature of Mr.
Christie's remarks in his in-
structions to the jury.
But the Justice Depart-
ment contends that the court
erred in finding there was no
miscarriage of justice in the
manner which the trial
judge admitted certain
evidence.
•
•
•
Israel Makes
Peace Demands
Jerusalem (JTA) —
Reminding Syria that it is
part of the current peace
process, Israel has demand-
ed that Damascus restrain
Hezbollah and other
"warlike" elements in Leb-
anon from attacking Israeli
and allied targets or face a
"dangerous situation."
According to the Israelis,
Syria is in de facto control in
Lebanon, and the activities
of Islamic fundamentalists
there, such as the pro-
Iranian Hezbollah, could not
take place without its
"backing and protection."
Mr. Levy spoke to
reporters after news agen- 4
cies reported that Syrian
groundfire was aimed at
Israeli aircraft strafing Hez-
bollah positions in southern
Lebanon. Israeli military
sources quoted by the army
radio denied knowledge of
such groundfire.