Pubdate: Thu, 22 Feb 2001 Source: National Post (Canada) Copyright: 2001 Southam Inc. Contact: 300 - 1450 Don Mills Road, Don Mills, Ontario M3B 3R5 Fax: (416) 442-2209 Website: http://www.nationalpost.com/ Forum: http://forums.canada.com/~nationalpost Author: Robert Benzie, Adrian Humphreys ANTI-MAFIA LAW 'FRIGHTENS ME' SAYS FORMER BOSS'S WIFE Would Apply To Suspects: 'Where Does Innocent Until Proven Guilty Come In?' She Asks TORONTO - The wife of a retired Mafia boss says she is more scared of the Ontario government's proposed legislation to empower police to seize the assets of suspected mobsters than of her husband's former associates. Judy MacDonald -- who is married to one-time mafioso Anthony "Tony" Musitano, jailed for a string of extortion bombings in Hamilton between 1976 and 1980 -- made a startling appearance yesterday before the justice committee at Queen's Park. "What frightens me is the power that the police department has. That's what I'm afraid of," she said, referring to a provincial bill that would enable police to confiscate the proceeds of unlawful activity without criminal charges being laid. Under existing federal law, police can seize assets after a criminal conviction. Ms. MacDonald, owner of a thriving dry-cleaning business in Hamilton, said she attended the hearings on Bill 155, the Remedies for Organized Crime and Other Unlawful Activities Act, because she fears its extraordinary powers. "I serve to gain nothing from coming to you here today. I am a citizen and I have no protection from being victimized by this legislation," she said. "Hearsay equals the assumption of guilt [in the bill]. Where does the concept of Canadian law, innocent till proven guilty, come into the process?" In 1983, Mr. Musitano, who ran a bakery, was found guilty of conspiracy to possess explosives with intent to cause explosions after the court showed he hired three bikers to instill fear and collect money. While serving the first year of his sentence for the bombings, he plotted the murder of Domenic Racco, a prominent Toronto mobster, from his prison cell. Mr. Musitano so upset authorities in Hamilton that, in 1988, the police chief -- backed by a unanimous vote from city council -- asked the National Parole Board to deny him early release. But he was granted full parole in 1990 and has lived quietly since. His brother, Dominic, was a powerful Mafia don until his death in 1995 and his nephews, Patrick and Angelo Musitano, pleaded guilty last year to hiring a hit man to kill a rival mobster from Niagara Falls. Both are currently in prison. Ms. MacDonald, who married Mr. Musitano five years ago, said she is not guilty by association but has found her civil liberties infringed upon because of her marriage. For example, she spent three years and $7,000 to obtain a firearms acquisition certificate to purchase a gun for sporting purposes. She worries that Bill 155 is another attack on innocent people such as herself. "I am told that I am a Mafia wife and that the business I laboriously worked and toiled to build over the last 15 years is owned by organized crime," said Ms. MacDonald. "It is also apparent that my choice of mate has jeopardized my privilege to be judged and respected in a normal way. My husband's past is his past. He's paid his debt to society." Speaking to reporters after her deputation, Ms. MacDonald said, unlike the underworld portrayed in The Sopranos or on the big screen, it is possible to retire from the Mob. "This is not Hollywood. If you choose not be a criminal, that's your choice." David Young, Ontario's Attorney-General, said Bill 155 strikes a reasonable balance and sought to allay her concerns. "Nothing will be seized, nothing will be frozen, nothing be forfeited unless and until a judge thinks it's reasonable to do so," he said, emphasizing innocent relatives of criminals "have nothing to fear." - --- MAP posted-by: Larry Stevens