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SECTION A THE HERALD April 1HZ OF SHIPS SAILS AND SEALING WAX Parole possible in ten years A little trick lighting all that was a make the Figure Skating ClubsCheihlreCaU above vanish leaving only heir bright stripes and big visible Clever and talented skating made the clubs presentation Alice In an evening sheer delight for hundred Ihe community centre Saturday night Led by Sharon Campbell were Junior ft girls Cavlc lleii Natalie Kalhcrinc Amanda Stamp DUne Amy Jane Patricia and Angela swanky Continued from page A I defendants had been ably represented by their counsels and the Crown bad prosefuted fairly jurors for difficult task uyuig they hid had a long arid tiring experience and it All jurors appeared exhaust ed they filed In to announce their verdict When Mr and Mr Smith that the jury be polled several jurors voices were with Two of the four female Jurors needed a supporting arm as they retired to consider recommendations on Mr Mercuris parole period Mr McCrysta bowed head In his hand fighting tears as Justice Osborne remanded In custody Mr Smllh who had remain ed optimistic throughout the hours of the Jurys delibera tions shook his head in bewilderment at the verdict DISAPPOINTED Im disappointed he said I cant understand how Ihey got guilty verdict Mr Moldaver and Crown Attorney Paul Stunt both refused to comment on the Impact of testimony by confessed killer and contract arsonist Cecil Kirby Mr testified that Mr Mercuri tried to hire him in early August 1979 to burn his hotel This Is Mr Kirbya ihlrd a crown witness and the third successful conviction since the former motorcycle gang member worked out a deal with the Ontario attorney general office to give testimony on coses about which he has knowledge In return police provide protection and from prosecution or crimes which he has confessed In his charge the jury last Monday Justice Osborne cautioned members to and weigh Mr Klrby s evidence very carefully He described Mr as a character whose reputation reverence for truth has been condemned and jurors would need corroborating evi dence before accepting his statements Terming Mr a per feet example of a witness of unsavory character Justice Osborne said he knew or no legal evidence capable of corroborating Mr testimony While warning jurors to be careful in acting on evidence from such a witness Justice Osborne gave them freedom to act on the evidence If they believed Mr Klrby Testimony by Mr Mercuris mistress Gloria Eckstein that they discussed burning the hotel in June and that Mr Mercuri knew there were people who could burn build supported Mr Klrbys statements about an unsucc essful attempt to hire him to burn lbs hotel in August Justice Osborne said guess well never know whether the jury believed him or not Mr Stunt lold Courtesy Mercury Defences tape ruled a side issue Herald Special A defence attempt lo get a tape recorded conversation between police informer Cecil Klrby and his girl friend entered as evidence In the Dominion Hotel murder trial failed when the Judge ruled the tape recording a side issue The recording produced by defence attorney Michael Moldaver was to be used to proveMr a confessed contract killer and arsonist hesitate to lie to achieve his own ends Mr is living under police protection in return for his testimony at trials for crimes that he has knowl edge of The Ontario solicit or general lias offered Mr Kirby for crimes the man has confessed to Mr Moldavernltemplcdlo discredit Mr Kirbys testi mony hat Mr Mercuri tried hire him to burn the hotel in early August The hotel was destroyed In a fire Aug 19 and a resi dent Gibbons died in he blaze Mr said he met Mr Mercuri at the Case described In the trial as the headquarters for a Toronto Mafia family Mr Klrby said his farmer employer Cosimo Commlsso Introduced the men and led Mr to believe Mr Mercuri and Mr Commlsso Mr and the Jury were excluded from the Ontario Supreme Court roam white Justice Coulter Osborne heard arguments on the admissibility of the tape as evidence on Mr Klrbys credibility Crown Attorney Paul Stunt said the tape had no connec tion to the case being tried and linked only lo Mr Kirbya credibility Mr Moldaver agreed but felt It was vitally Important the jury hear Mr threats lo perjure himself in order to get his girlfriend Jailed The tape focuses on what this man is Mr Moldaver said Hed frame his own mother if lie thought Ihere was some advantage gain from it The advantage here would be police protection salary and his apartment The more people he finger the longer hell gel pro tection Its fundamental the Jury be made aware this man would perjure himself with out hesitation J ustlce Os borne finally had Mr Klrby first pleaded with his estranged girlfriend to see him After several refusals he threatened to send her Jail for 1Kb as an accomplice In crimes be had committed When she point ed out she wasnt guilty he said hed lie and frame her So 1 as he II her to the people on Lawrence Avenue the CommUuoa the police would believe anything he said about her Mr Kirby said Theres not a belter liar lhan I am Mr Klrby boasted near Ihe end of the tape Although the against Mr Mercuri also linked him to the Commtssos as Mr had threatened to link his girlfriend to the Commissos Justice Osborne decided the tape shouldnt be played to the Jury Instead ho decreed a typed transcript of ihe tape could be shown to Mr to refresh memory of his conversation his girlfriend in lata 1980 Under cross examination Mr Klrby first denied the conversation then admitted he might have threatened girlfriend