April 16, 1986

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Noyes case an aberration’

VANCOUVER (CP) — Crown is arbitrarily seeking to have child molester Robert Noyes declared a dangerous offender for social and poli. tical reasons, defence lawyer Ken Young argued Tuesday.

Young told a B.C. Supreme Court sentencing hearing for the 37-year-old former tea- cher that the dangerous of. fender provision of the Crim- inal Code, as applied to Noyes, violates the Charter of Rights.

Describing the dangerous offender application as the threshhold question in the ease, Young said the fact the court must consider it in so vivid a glare is no fault of the offender.

Noyes, a married father of two young sons, pleaded guilty in January to 19 counts of sexually assaulting chil- dren in five B.C. communities over a 15-year period.

Young said at no time in the 10-week hearing did the Crown present evidence re- futing testimony supporting the defence’s charter argu- ment.

He said the dangerous of. fencer designation, which would make Noyes liable to an indefinite term of im prisonment, violates the

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rights of equal treatment be- fore the law, not to be sub- jected to cruel and unusual punishment and not to be subject to arbitrary impris- onment.

AVERAGE 17 YEARS

From 1947 until now, Young said, dangerous of- fenders have served an aver- age of 17 years in jail.

He qi whether Noyes should be “warehous- ed for an interminable period and never afforded treat- ment,” and said the case is nothing more than a Political and social aberration.

Young said in considering whether Noyes would reof- fend, a provision in desig- nating a dangerous offender, Mr. Justice Ray Paris should take into account that Noyes had sought treatment on at least six occasions.

The former teacher and school principal sat motion. less in the prisoner's box as Young reviewed evidence he said showed the pedophile had never been appropriately treated.

Paris asked why Noyes |

simply didn’t quit teaching.

“Nobody made it a con dition precedent,” Young re- plied. “He loved teaching. ‘They kept him in the air while they treated him for alcoholism.”

Paris asked how the fact Noyes was not told to leave teaching was relevant to his decision.

Young answered that “if the law made him quit and prosecuted him, there would be prior convictions.”

Referring to treatment Noyes underwent in 1978, Young said that “not only did he not have to quit, he emer. ges at the other end with no small reinforcement it wasn't that bad.

“We've spent 10 weeks hearing just how bad it was.”

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Elder abuse ‘ghastly’

4

ABUSE SCENE . . . RCMP Const. Terry Skarbo, Don- na Dunn, (middle) psychiatric unit head nurse at Kootenay Loke District Hospital in Nelson, and Irene Golebiowski, a counsellor at the Women in

By CasNews Staff Abuse of the elderly is a “ghastly problem which is part of our society and all of our lives,” says a retired gerontology consultant. Harry Mullens of Cranbrook told about 50 nurses at a one-day workshop Friday on violence in the family that

Need transition house in Trail, act oufa wite abuse situation during workshop Friday on violence in the

family. Proto tor Costtews By Joon Young

Thirty per cent of those who received abuse lived alone, while 70 per cent lived with a “caregiver.”

In addition, 36 per cent of all abusing caregivers were 60 years or older.

Causes of elder abuse include pyschiatric problems of the abuser; family history of violent behavior: long-term

nurses are able to play “a large role in intervening and helping make the public aware of elder abuse.”

The workshop, sponsored by Selkirk College's Continuing Education department, also heard that a U.S. Congressional report estimates one million cases of elderly abuse are reported each year in the U.S. The report says moderate estimates indicate that 500,000 to 2.5 million elderly are abused.

The workshop covered child abuse, wilesbailéring and elder abuse. The focus was on the nurse's #ele“in assessment-and intervention within the lecal comimunity health system.

Mullens told the nurses that elder abuse is a felatively new topic. Nursing journals began publishing information on the subject in the 1970s and serious reporting didn't begin until the 1980s.

A 1982 Manitoba study indicated 402 cases of elder abuses in that province.

But many cages of abuse go unreported. Mullens said the reasons for not reporting elderly abuse include a fear of retaliation, hesitancy to expose the family, and fear of being institutionalized.

Mullens said studies show that nurses are most aware of elder abuse.

In the Manitoba study, nurses were most aware of abuse in 59 per cent of the cases, social workers ranked second (31 per cent), followed by administrators, (five per cent), physicians (two per cent), police (two per cent), clergy (one per cent) and lawyers (one per cent).

The study also showed that 68 per cent of the abused were females, and the 80-84 age range received the most

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and ional conflict; aleohol- ism; and drug abuse.

Mullen also predicted an increase in elder abuse.

“We are going to see far more elder abuse,” he said, noting that at present four per cent of the population are 65 and over. At the turn of the century 12 per cent will be elderly and by 2031 all the baby boomers — 25 per cent of the population — will have turned 65.

“We live in a society that is geared to and puts value Gi Groduction,” Mullen said. “Make sure there, are no

prejudices towards the elderly.” “Mullen stressed that the abused, as well as the abuser, need help

He noted that verbal abuse is far more frequent than physical abuse. However verbal abuse is more devastating for some people.

He told the nurses that when they see signs of elder abuse they must “be willing to ask difficult, sensitive questions . . . be persistent and a skeptic in order to come to some intervention and not just let it slide.

“Skill and tact are necessary,” he said. “You must

have the willingness to listen. The purpose is to stop the abuse — and if possible — help both the abused and the abuser.”

Mullens also sppke on elder abuse in nursing homes.

He said that there is more verbal and emotional abuse ©

than physical abuse. In addition, the abuse is difficult to detect and hard to prove. As well, unions often protect the workers, he said.

Prevention measures of elder abuse ii in the Manitoba study i ded: having imp a central registry, crisis centres, professional and public aware ness.

Baby girl found in ditch

VICTORIA (CP) — sica,” infant girl, barely three getting lots of hugs.”

hours old, was in satisfactory The baby, a six-pound, Tuesday seven-ounce Caucasian with after being found stuffed brown hair and blue eyes, is

condition

SA RATA,

Amos said. “She's

inside a gym bag dumped ina being kept in the hospital

water-filled ditch.

The infant was found by four boys as they walked home from school Monday afternoon in suburban Col- wood.

She was taken by ambu- lance to Victoria General Hospital, where acting nurs. ing director Wendy Amos said her condition was satis- factory.

“She's doing quite well and the nurses call her baby Jes.

nursery and being fed for mula, Amos said. She appears to be a healthy, full-term baby

Christopher Johnson, 16, said he was walking home from school with two class mates when they saw another youngster standing near a ditch.

“He called us over and said he's heard something in an Adidas bag, so we took a look and we thought it was a cat

vane

TRIPOLI (CP) — Naval vessels in Tripoli's harbor opened fire early this afternoon while street fighting i a ae

Khadafy,

ee cporters staying in the Al Kabir hotel near the harbor could see and hear the naval gunfire while other journalists being taken to a news the street fighting, factions.

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