|
Archives
Gillian Guess
Victim of extreme prosecutorial
misconduct
|
Since 1998 we have intermittently
reported Guess's story. The reporting has been intermittent because
we have been struggling with technical and legal difficulties
ourselves, not to mention harassment from Saskatoon police. We
finally got a new computer in March, 2001 and then it was stolen
in July. We lost a lot of files including those on Shannon
Murrin and Howard Gowan whose
pages we were in the process of creating.
It is with some fondness we
remember our first communication with Gillian Guess who asked
it we had a branch in Vancouver. We assured her we barely had
a branch in Saskatoon much as we would like to. Need injusticebusters
in Vancouver? You're it, we told her.
And it she is. She has been
helpful with the efforts to get justice for Shannon Murrin and
we're sure she is up to all kinds of interesting things.
From being picked randomly
for jury duty to solid injusticebuster -- that has been the evolution
of Gillian Guess. That the media has seemed to be interested
only in her sex life is a shame. There is a whole lot more to
Gillian Guess.
|
April 15, 20000, Guess
talks back | April 11, 2000: Murder
suspect was there for me, Guess says 'I know this is going to
sound really bizarre, because it is'
March 26, 1999 Crown
to push Guess, Gill link in appeal | February 25, 1999 B.C. attorney general
rejects conflict accusation in Guess case | February 11,
1999: Prospect of testifying
frightens juror who slept with an accused killer | Justice
or Judgement? Guess letter to Legal Aid | June 10: Registrar's
reply | Ottawa Sun article |
Supreme court refuses to hear mystery
witness case in secret |
Harvard
Law students were assigned the Gillian Guess case  to explore. The site
is thorough and accurate, as we might expect from one of the
most prestigious law schools in the world. With the kind of arrogance
we have grown to expect from Canadian prosecutors, Joseph C.
Bellows, Q.C. Crown Counsel, Criminal Appeals and Special Prosecutions
wrote this
letter which claims to present true facts but is only the prosecutorial
side in upcoming litigation. Guess
responds. See also the Jury Rights Project.
Infamous juror to testify
about courtroom affair: May prompt retrial
Mark Hume National Post,
April 04, 2000
VANCOUVER - Sporting a new shocking blond hairstyle
and a figure trimmed by stress, not a diet, Gillian Guess yesterday
threw the British Columbia judicial system into a spin -- again.
Last year she successfully
fought off attempts by the Crown to call her to testify at an
evidence hearing into her relationship with Peter Gill, an accused
murderer who was acquitted by the jury of which she was a member.
But standing outside the Supreme
Court of British Columbia yesterday, she casually mentioned that
she's decided to testify after all.
"I want to see the truth
come out," Ms. Guess said of her dramatic about-face.
She said she looks forward
to testifying about how her relationship with Mr. Gill began.
In the new evidence hearing,
which began yesterday, the Crown will attempt to show that Ms.
Guess began her affair with Mr. Gill early in the trial, thereby
tainting his acquittal. That could mean Mr. Gill and his two
co-accused, Michael Budai and Ho Sik "Phil" Kim, will
face a new trial for the 1994 killing of Ron and Jim Dosanjh.
Ms. Guess, who could not be
compelled to testify because she was a juror, said last year
that her life would be in danger if she gave evidence that led
to a retrial.
But she said yesterday that
what concerns her now is "getting the whole truth out."
Ms. Guess is also facing contempt
charges for speaking about evidence given in a closed court and
is appealing her conviction for obstruction of justice, related
to her affair with Mr. Gill.
She was in court yesterday
for the start of her appeal, which was delayed because she has
not yet been able to find a lawyer. "I want it over. It's
dementing. I want some sort of normal life back," said Ms.
Guess.
Her life has not been normal
since 1995, when she began her affair with Mr. Gill -- an affair
that became the focus of an intense police investigation. Among
other things, police bugged her bedroom, compiling hundreds of
hours of audio tapes.
Yesterday, Ms. Guess offered
the information that she has not had sex since. "The Peter
Gill thing shocked me into celibacy," she said. "Once
your bedroom's been bugged, that's enough for life."
She also said that she lost
weight from worrying. "I've been very stressed."
During opening remarks in the
new evidence hearing, Mark Andrews, the Crown counsel, told court
he would show that Ms. Guess and Mr. Gill began their affair
during the trial and continued it until after the verdict.
He said Ms. Guess will not
have to testify about what happened in the jury room. Instead
the Crown will focus on the love affair and the effect of that
relationship on the acquittal.
Mr. Andrews said Mr. Gill was
telephoning her during the trial and there will be evidence about
the eye contact she had with him in the courtroom, while he was
sitting in the prisoner's dock.
Evidence is also expected about
their meetings during the trial, in a terraced garden near the
court.
Mr. Andrews said the Crown
will show that, "Ms. Guess was having a relationship with
Mr. Gill during the trial ... [and] the verdict should be set
aside and a new trial ordered."
|
B.C.
Justice System is just being stupid!
  The
Lawyers (this includes judges, prosecutors, and various defence
attorneys Gillian Guess has engaged to defend her) have tied
themselves in knots in their attempts to blame her for their
own mistakes. See article from National
Post.
Our research tells us the following:
- Gillian Guess showed up for
jury duty as she was summoned to do.
- She was chosen to be on the
jury for a murder trial.
- She openly reciprocated flirtation
from one of the defendants, thinking he was a lawyer.
- The Crown was fully aware
of this and even considered removing her from the jury but decided
not to make this prudent move.
- Guess was never deceptive
about her relationship with Gill and believed that as long as
she did not discuss the case with him, she was capable of remaining
objective as a juror.
- Peter Gill was acquitted because
the Crown failed to make its case.
- The Crown set about to blame
it all on Gillian Guess and charged her with obstructing justice,
although there was no clear law here pertaining to jurors.
- Two years later, the B.C.
Justice system, which is largely composed of persons trained
in the law has spent huge sums of public money trying to nail
Guess as responsible for the debacle.
This shows the lengths to which
lawyers will go to protect themselves from appearing stupid.
Like children caught in lies and deception, it doesn't work.
B.C.
Justice: Back off and apologize!
|
Juries
Judges
Lawyers
Cops
Social
Workers
WCB
Gillian Guess site
Roy Romanow
Heather
Bird's piece on Gillian Guess
|
After discovering a nasty little
site called "Gillian Guess - 18 months of the same outfit?
The Gillian Guess is guilty website " I sent it over to
Gillian to find out if she was aware of it. Ms Guess is, of course,
very busy preparing for her trial June 17. She did send this
material which documents her continuing problems with Legal Aid
--
Justice or
Judgment?
The following letter I sent
to Legal Services, Court of Appeal and Attorney General Dosanjh
- within days I received a fax threatening to dismiss my appeal.
I immediately phoned, Cecelia Low who was extremely rude wouldn't
explain a thing. I asked her if Chief Justice knew about this
and she ASSURED me that he did. I said how can you threaten to
dismiss my appeal when I haven't even been given the transcripts?
She sneered in delight and the call was over.
Sent: Saturday, June 05, 1999
1:14 AM To: 'Rod Holloway' Subject: Guess Appeal
June 4, 1999
Legal Services Society Attn:
Mr. Rod Holloway
Dear Mr. Holloway;
Further to your letter of May
20, 1999, and June 1, 1999, I write to comment on your rather
curious letter.
Firstly, I am not quite sure
what you are asking.... Are you suggesting that I agree to allow
the Legal Services of British Columbia to appoint a lawyer that
I have not selected? I know that this method is practiced in
the United States but I was unaware that it was practiced here.
The conflict of interest issues
in my case are paramount. You might recall that I was convicted
and incarcerated for "being in a "potential" for
conflict of interest". Now, it appears in documentation,
which I unfortunately read and innocuously publicized, that the
person who governs all of the legal services, societies, etc,
(namely Ujjal Dosanjh) was of interest to the RCMP during my
investigation. The investigation apparently resulted after several
intercepted calls between his office and Paul Gill, the brother
of Peter Gill and a named target in the Guess investigation.
Other, than a very strong friendship between the two, I have
not been informed as to the "fruits" of the investigation.
However, Peter Ritchie, Marilyn
Sandford, and John Green have all independently disclosed to
me that the information which I have not seen is highly relevant
to my case, and furthermore could have resulted in a different
verdict.
The conflict of interest, never
mind the potential, is obvious - whoever agrees or is appointed
to represent me is linked to Attorney General Dosanjh. It might
not be today - but at some point in any B.C. lawyer's career,
issues involving a seat on the bench or a Q.C. etc, are going
to be at stake.
The appearance of justice is
also a valid issue.
But let's take a step back.....
Several months ago Chief Justice Alan McEachern was apprised
of this situation and his solution was to assemble a panel to
hear the contents of the "secret courts" or "star
chamber" proceedings (if you will) and they would determine
the relevance if any to my case. His order was that when the
transcripts of the same were ready a panel would be assembled.
If I am incorrect on this point
please advise.
It is my understanding that
those transcripts are in fact ready. I await information as to
a scheduled hearing about the same.
Mr. Holloway, I am sure you
can understand that my faith in the British Columbia justice
system has sadly spiraled and soared downwards, and my believe
system has been violently shaken. I can no longer expect any
lawyer in British Columbia to put his career aspirations aside
to defend me. Having said that, I respect and admire the majority
of the legal profession in the city but could never be sure of
the potential for conflict of interest. It feels frightening
to be in such a vulnerable situation and I wish that things were
different, but they're not.
It is with great regret that
I inform you that at this point I feel I have no other alternative
but to represent myself until the conflict of interest issues,
and the "secret court" issues are resolved. It is highly
probable that this was the reason why my last lawyer, Larry Myers,
suddenly dropped the case. It is understandably daunting for
any lawyer to have to fight these particular issues, and the
secrecy of the situation leads to individuals taking on the case
without knowing the ramifications of the secrets. Moreover, it
clearly violates their oath. At one point the law society informed
Marilyn Sandford that they would intervene on this issue in defense
of the lawyers but to date I seem to be fighting this on my own.
I do not pretend to have the
skills or the knowledge of the reputable Vancouver lawyers, but
I do have the truth on my side and I guess I alone will fight
for it. If I am returned to prison for "potential of conflict
of interest" then I know it will be wrong and I will not
stop fighting.
When I attend court on June
17th, 1999 to have my contempt of court hearing adjourned until
after resolution of the above, I will apply for indigenous status
as I am financially devastated because of this nightmare. My
children and I are anxious for the day when the persecution ends
and we can live our lives like normal people.
Believing in truth and justice,
I remain,
Gillian Guess 135-1300 Parkgate
Ave., North Vancouver, B.C. V7H 2Y2
------------------------------------
FROM:
JUN. 10 1999 VANCOUVER LAW
COURTS NO.085 THE LAW COURTS 8OO Smithe Street VANCOUVER, B.C.
FACSIMILE TRANSMISSION TO Gillian Guess
929 - 3625
JUN. 10. 1999 THE VANCOUVER
LAW COURTS NO.085 P.2
June 10, 1999
Gillian Guess 135 - 1300 Parkgate
Ave. NORTH VANCOUVER, B.C. V7J 2Y2
Dear Madam;
Re:
COURT OF APPEAL Regina vs Gillian
Guess Court of Appeal File No:
Dear Madam;
Take notice that you are required
to appear before a judge of the Court of Appeal at the Law Courts,
at 800 Smithe Street, Vancouver on Friday. June 10 1999. at 9:30
a.m.
It will be decided at that
time whether this appeal will be dismissed.
This reference is made pursuant
to Rule 13(3)
"Where a Registrar considers
that the appelant has failed to diligently pursue this appeal
or comply with the rules, he may refer the matter to the court
or a justice."
Sincerely,
Cecilia M Low Deputy Registrar
(660-2468)
cc/: J. Wood, Q.C. . P. Juk
THE LAW COURTS
By
CP from Ottawa
Sun Thursday,
VANCOUVER -- Gillian
Guess, Canada's most famous juror, fears for her safety and plans
to fight efforts to force her to testify in the appeal of a double
murder trial.
"The Crown has announced
that they intend to apply to have me subpoenaed to testify against
alleged murderers," Guess said yesterday outside the B.C.
Court of Appeal.
"I feel anybody in this
situation, forget about it being Gillian Guess, certainly is
at high risk at having their own and their family's lives in
danger."
Surrounded by the usual phalanx
of reporters, Guess, 43, had represented herself in an effort
to try to change her bail conditions. She has severed ties with
her lawyers and appeared alone before Justice Carol Huddart on
the bail application, pending her appeal of her conviction of
obstruction of justice.
The judge adjourned the bail
matter to Feb. 17.
Guess was convicted last summer
for having an affair with accused killer Peter Gill while she
was on the jury that acquitted him and five other men in a pair
of gangland slayings.
Wiretaps of her home and witness
testimony confirmed she and Gill were having sex, although it
wasn't clear whether Gill urged her to acquit him.
The Crown is appealing those
acquittals and Guess believes she will be subpoenaed to testify.
The thought of testifying terrifies
her, she said.
She said her former lawyer
wanted to have her relocated under the federal witness protection
program.
"I decided to stay because
everywhere I go in Canada people will know me, unfortunately."
She was in court yesterday
because she doesn't want to have to report to a bail supervisor
four times a month.
Prior to her conviction, she
had been reporting once a month in person, and once a week by
telephone.
That was changed after her
conviction to once a week in person.
"Basically, it's become
a mind game," she told reporters. "They (bail officials)
keep me in there up to an hour. I've had unsavoury characters
phone me as a result of sitting in that office.
"It's very frightening
for me."
The judge ruled there was a
discrepancy between Guess's understanding of her bail supervisor's
recommendations and what the Crown was told.
The court ordered the bail
supervisor's version to be filed by affidavit and a decision
would be made Feb. 17.
She also told the judge she
wants to have her own appeal moved to another province because
she worries she won't get a fair hearing here.
But the judge said she couldn't
rule on that and advised Guess to apply in writing to the court's
chief justice.
The Province
We all knew Glen Clark and
his goon squad were utterly incompetent, but now there's damning
evidence of lies and coverups all the way through the fast-ferry
scandal.
Consider just one element:
The performance of the boards of BC Ferries and its spinoff company,
Catarmaran Ferries International, the members of both of which
resigned yesterday.
Clark has tried to blame this
whole mess on Tom Ward, the former BC Ferries president who's
already been sacked.
But here's what auditor Hugh
Gordon had to say about the boards yesterday: "In late 1998,
when the boards became aware of the possibility of significant
cost overruns, the documents reviewed do not indicate that they
informed the minister responsible."
In other words, Tom Ward wasn't
the only guy withholding information. The boards of directors
were playing "see no evil" too.
But what do you expect from
boards that are nothing but patronage troughs for NDP hacks and
insiders?
When CFI was formed, the government
appointed Lucille Johnstone as chairwoman -- and for good reason.
Johnstone is the former head
of RivTow Straits and widely respected in the shipping industry.
Also on the board were University
of B.C. commerce professor Michael Goldberg and businessman Kevin
Murphy.
Gordon said the three directors
asked a lot of tough questions about the management of the premier's
ferry project.
That apparently cost them their
jobs. They were sacked in 1997 and replaced by three notorious
NDP hacks: Union kingpin Jack Munro, who took over as chairman,
former NDP provincial secretary Ray Whitehead, and Paul Gill,
one of Clark's key political fundraisers.
Explains a lot, doesn't it?
"The minutes when the
Johnstone board was there were much more detailed -- they asked
a lot of questions," Gordon said.
But once Munro and company
took over, that due diligence disappeared.
Here's what Don Avison, deputy
minister of Crown corporations, had to say yesterday about the
NDP switcheroo on the boards:
"It would have been in
the public interest to maintain the participation of individuals
who had active involvement in the shipbuilding industry."
No kidding. Unfortunately,
Glen Clark never did care about your money and how it's spent.
All he's ever cared about is
cushy jobs for his friends -- and you're left holding the bag.
A couple of months back I wrote
about Judge Paris ordering the court doors locked in a hearing
about the "secret hearings"(The Star Chamber), he didn't
realize I would be attending and embarrassingly said they could
be opened. I found out the other day, that as well he also ordered
the hearing not to be posted on the court list - to keep the
media out. This is the same judge who publicly denied the "secret
hearings" ever happened (as reported in the Globe and Mail
last June). This whole ordeal gets scarier and scarier. The Vancouver
Sun - October 6, 1998Because
of profound relevance to much that has continued all over Canada
since 1998, we moved this to its own page Jan. 26, 2002 Supreme court
refuses to hear mystery witness case in secret
Judge Paris Orders Courtroom
Locked
Nov 13, 1998
Gillian Guess was back in front
of Judge Paris today accompanied by her lawyers Peter Ritchie
and Marilyn Sandford. Josiah Wood represented the Crown.
At 9:30 the court clerk came
and unlocked the Courtroom 53 and allowed Guess and the counsel
in. Next to everyone's surprise the clerk announced that under
the order of Judge Paris she must lock everyone in the courtroom.
No one from the public or the media would be allowed to enter.
Under direction from Appellate
Judge MacKenzie, Ritchie petitioned Judge Paris to allow the
contents of the "secret court" to be revealed to potential
appellate lawyers. Paris agreed but ordered that the potential
appellate lawyers could not further disclose the information.
Peter Ritchie then said on
record that he was extremely concerned about the order to lock
the courtroom from the public and media. Paris claimed that it
was just a misunderstanding.
More
Gillian Guess
|
Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
