A4 - The Oakville Beaver, Tuesday December 21, 2004 Holiday greetings Trial continues Feb. 15 Defendant undergoes heated cross-examination Continued from page A1 LIESA KORTMANN / SPEC IAL TOTH E OAKVILLE BEAVER CATCH YO U LA T E R : Ronald McDonald visited with 13-day-old Benjamin Slibar during the mascot's good will stop at the Oakville-Trafalgar Memorial Hospital on Monday. ~ T H E D O C T O R 'S O F F IC E Y W O A U L K R N - I N E I G M E H D B O A U L R H O O D I C C E N T R E W a r t tr e a tm e n ts > ^ A ll g e n e r a l h e a lth c o n c e r n s > ~ M in o r e m e r g e n c y c a r e A l l e r g y sh o ts > O n s ite la b fa c ilitie s H oliday C lin ic H o u rs D e c e m b e r 2 4 t h ................................1 0 a . m . - 4 p . m D e c e m b e r 2 5 t h ................................ C LO SED D e c e m b e r 2 6 t h ................................1 0 a . m . - 4 p . m D e c e m b e r 2 7 t h ................................1 0 a . m . - 4 p . m D e c e m b e r 2 8 t h ................................1 0 a . m . - 8 p . m D e c e m b e r 2 9 t h ................................1 0 a . m . - 5 p . m D e ce m b e r 3 0 th ...................... 1 0 a . m . - 5 p . m D e c e m b e r 3 1 s t ................................1 0 a . m . - 4 p . m J a n u a r y 1 s t, 2 0 0 5 .........................1 0 a . m . - 4 p . m J a n u a r y 2 n d , 2 0 0 5 ....................... 1 0 a . m . - 4 p . m . . . . . . . . . Vastis and the numbered company of which he's president were charged in June of last year with 40 counts of destroying trees in an Environmentally Sensitive Area (ESA) ^and destroying trees in a woodlot for clearing activity between April 4 and 11,2003. About 20 acres of trees were cleared in long swathes. Four additional charges were added in July of last year for alleged destruction to trees July 14 and 15,2003. Vastis could be fined up to $840,000. He pleaded not guilty to the charges in June. Earlier, Vastis had testified he didn't know the property -- located south of Britannia Road and north of Hwy. 407 between Regional Road 25 and Trafalgar Road -- fell within an ESA He said he was clearing the trees to increase the amount of land that could be fanned, to reduce his taxes. His land had recently been re-zoned from farmland to resi dential, court heard. In the future, he wanted to put a gas station on the land, court heard. In his cross examination, Olah questioned Vastis about his business savvy. " Is it fair to say you're a sophisticated businessman?" he asked, following a lengthy dis cussion about Vastis' numerous property holdings. Vastis replied: "I wouldn't go that far. I'm just a guy who knows a little about gas stations." Vastis told Olah he didn't look at the official plan or zoning bylaw when he bought the prop erty, so he didn't know about the ESA or clearing bylaws. " I buy the land and worry about that later," he said. Olah questioned Vastis about his earlier testimony when he said the property had "unbeliev able" destruction of trees when he bought it. "I'm obliged to tell you we anticipate calling evidence from the previous owner indicating there was no such devastation as you described," Olah said. Olah produced a letter Vastis would have received from his lawyer after buying the property. It stated he'd have to submit a new plan yearly to remain in the Managed Forest Tcix Incentive Program (MFTIP), which enti tled him to lower taxes. Vastis said he didn't read the letter and didn't know he needed to do something to remain in the program. Vastis also said his lawyer told him the only way to reduce his taxes was to clear the land and when Vastis asked about "some sort of plan", he was told the plan no longer existed. Vastis told the court he went to the Town of Milton's planning department to ask if he needed a permit to clear for farmland, and he didn't receive a clear answer. Olah said the woman from the Town will testify that she said the tree bylaw might apply. Vastis replied that was weeks later when he went to the plan ning department a second time. "I wish she'd told me that the first time. The damage was done then. She should have told me all that the first time," he said. Vastis was then questioned about why "he cleared the land in large swathes with strips of trees in between. When Vastis replied it was for erosion control, Olah replied: " I suggest the configura tion of clearing you authorized is inconsistent with erosion con trol, because all you needed was one buffer area to the south." At one point, Mr. Olah asked Vastis if it was possible his mem ory of the incident had faded with time. "I remember the important things, but some things I don't remember," the accused replied. In his redirection, defence lawyer David Crocker asked his client if he would have gone to Conservation Halton for a permit if he'd known it was required. Vastis said he would have. Discussions sometimes became heated, with the justice of the peace asking the court to simmer down several times. At one point, Crocker interrupted Olah's cross examination with a loud "Let the man answer the question!" One ongoing concern for Crocker has been the issue of dis closure. Crocker has several times told the justice of the peace he feels the Crown has provided continuing late disclosure. Crocker said he'll be deciding whether to file a motion to have the charges thrown out. The trial continues Feb. 15 in Burlington. H a v e y o u r s a y o n f u t u r e o f t h e R o y a l B o t a n ic a l G a r d e n s Public input about how to make the Royal Botanical Gardens blossom will be sought in the new year. The facility received an extra $1.87 million in provincial funding earlier this year, following a warning it could close without financial help. After the funding boost, the provincial govern ment appointed a community stakeholder commit tee headed by former Hamilton mayor Robert Wade and regional planning expert David Carter. It will review the Gardens' role and seek ways to ensure its long-term viability. The committee w ill seek public input at meet ings slated for Jan. 12 and 13 at Royal Botanical Gardens Centre, 680 Plains Rd. W. Input on a variety of topics will be welcomed. P le a s e e n t e r t h e c l i n i c t h r o u g h O a k v ille T o w n C e n t r e P h a r m a c y ( in O a k v ille T o w n C e n t r e I) D o r v a l D r iv e a n d N o r t h S e r v i c e R d . W . For further inform ation please call 9 0 5 -3 3 8 -3 7 3 0 . O A K V IL L E T O W N C E N T R E I. 3 0 0 N o r t h S e r v ic e R d . W . "...we w ill definitely be doing business with... The Oakville Beaver..." Dear Oakville Beaver team, As a local businessman of Oakville since 1 9 9 2 ,1have had the pleasure of work ing with many members of the Oakville Beaver team. I am always impressed with their professionalism and am extremely thankful for their support in promoting the Holiday Inn Select Hotel & Suites as well as our fine community. I have seen first hand the dedication and support The Oakville Beaver has given to the hospitality business and charity organizations. We have worked together on many of these occasions. We will open around the end of March 2005, the n e w ' Hilton Garden Inn, Toronto/Burlington, 985 Syscon Rd. East at QEW & Burloak Rd. with 120 wellappointed Traditional guest rooms including 19 Deluxe Suites. 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