The Gazette from Montreal, Quebec, Canada • 13

yerw i wwwmw a a 9rwmt 1 r' rt'VTyr i 'r any a ii'ir ia THE GAZETTE, MONTREAL, WEDNESDAY, SEPTEMBER 27, 2000 A13 NATION Lawn spray leads to trial for assault, harassment LORI COOLICAN Saskatoon Starliiwnlx SASKATOON A couple were being "childish," "petty," "rude," and even "mean" when they yelled obscenities, left nasty notes and sat In their car outside the home of their next-door neigh-bours. their lawyer admitted yesterday. Hut Steve and Cynthia Cherewyk never uttered a direct threat and though Cynthia Cherewyk is accused of pushing Dave Wtebe up against a Fed Ex van they never actually hurt anyone, defence lawyer Daryl Labach suggested. The Cherewyks are charged with criminal harassment against Dave and Rosalie Wiebe, who used to live next door to them in suburban Wild- wood. Cynthia Cherewyk Is also charged with assaulting Dave Wlebo.

Scheduled to wrap up yesterday, their trial was adjourned till December when It ran out of time. The Wicbes testified Monday that, apart from a few strange encounters, they never had a problem with their neighbours until the summer of 1999, after the Cherewyks learned they had sprayed their lawn to control a thistle problem. The Cherewyks, who have a particular sensitivity to chemicals, accused them of trying to poison the neighbourhood and began watching their house, taking pictures, leaving notes, calling their house and hanging up, and yelling at them from their kitchen window, the Wlebes testified. The trial was delayed for the morning after Cynthia Cherewyk called her lawyer to say she could not got out of bed because of a sore back caused by sitting In the courtroom for several hours the previous day A cushioned chair was brought into the courtroom for her In the afternoon, and an extra adjournment granted when she complained of numbness in her arms and trouble breathing. Labach used his cross-examination of Rosalie Wiebe yesterday to show there was no way of knowing who made the repeated phone calls to her residence in the weeks after the lawn was sprayed.

In most cases, the calls were traced to hotels, the university and other places where the phones only make outgoing calls, Rosalie Wiebe admitted. A nasty note they found stuck to the front door was not signed by either Cynthia or Steve Cherewyk, she said but it did cite the same things Cynthia had come over to yeU about the day before. When the Cherewyks were heard yelling things like "baby-killer" from their kitchen window, "Do you know whether they were yelling at you or Just talking amongst themselves?" Labach asked. The Cherewyks served the Wiebes with legal papers before the trial began, Informing them they are suing over the alleged "contamination." The statement of claim seeks more than $100,000 In damages and claims a list of ills the Cherewyks have suffered because of the spraying. The couple's house has to be completely rebuilt and everything Inside must be replaced to get rid of the contamination, the suit claims.

i Hi Marineland gets 6 Russian dolphins -fc 1 a St. Catharines Standard -L 14 go to show the facility is no place for dolphins. The latest death occurred Aug. 17, when one of the park's 10 belugas turned belly up and died suddenly before hundreds of shocked spectators. Marineland is still awaiting results of an autopsy, spokesman Ann Marie RondineUi said yesterday The whale was one of nine female belugas captured off the coast of Russia last October.

Although Canada banned the capture of belugas and dolphins for export from Canadian waters in 1992, Canadians can still import them. Of the new dolphins, Rondlnelli said, "They're being monitored 24 hours a day to make sure they're eating well and breathing well" TORONTO A month after Its third whale death In a year, Marineland has imported six bofr tlenose dolphins from Russian waters. The three males and three females were Down to Toronto Sunday, then trucked to the Niagara Falls park the same day, Marineland said yesterday. As they began to acclimatize to life in captivity, animal-rights groups renewed their call for Ottawa to ban the import of marine mammals. "It's disappointing news," said Pat Tohill of the Toronto-based World Society for the Protection of Animals.

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