Trial, Week 5: Summary - August 21


WEEK 5: AUGUST 20 - 23, 1996

   * Day 20: Mon. August 19 - no report yet   * Day 23: Thursday, August 22
   * Day 21: Tuesday, August 20               * Day 24: Friday, August 23 
   * Day 22: Wednesday, August 21


Edited by Roz Royce and Trond Halle, from notes by Trond Halle (Defendant)

Posted by FreeMedia


Abbreviations used in notes:

DC = Don Campbell (Defense)
SF = Shelagh Franklin (Defense)
GW = George Wool (Defense)
ST = Sheldon Tate (Defense)
MA = Manuel Azevedo (Defense)
HR = Harry Rankin (Defense)

LB = Lance Bernard (Crown)
JF = Jennifer Fawcus (Crown)

J = Judge

Before jury is brought in, GW informs J of CBC show, "Dark Side of Sovereignty" that aired last night. Notes that JoJo, Percy and Wolverine are shown in the opening shots linking them to story of organized crime in the cigarette trade. This is very prejudicial against his client. GW recognized members of RCMP giving comments on the show. Tells J he will be considering further action.

HR - Brings up Bruce Clark document that SF tried to enter yesterday and says it goes to Wolverine's defense in colour of right argument. Says this letter goes to Wolverine's understanding of the law and says it should be entered as evidence. Cites two cases that deal with this from Court of Appeal in Ontario. Says this document doesn't go to the truth of the matter, but to the state of mind of those that believed it. It goes to what Ignace believed then and what he believes now. Jones - Believes Dr. Clark has set up colour of right argument. Since constitutional law binds country together and entrenches our rights, we have to follow it. We Indian people never had anything to do with writing these laws, but we rely on it and legal precedents. Notes that Rule of Law is okay when Crown brings it up, maybe he does this to impress himself, but when we bring this up, he's blind to it. Eventually we will make a breakthrough. We've taken this to the international court through former Ambassador to Argentina. Tried international court and didn't succeed. We tried Supreme Court of Canada and they didn't want to hear Clark's argument. And yet, a lawyer from the Law Society of Ontario sided with Clark. When you people begin to listen to us, then we can start to respect you. But until we are heard, we can not get justice. If it's heard in the UN, then Canada will be exposed. Maybe then charges can be brought up against Canada. Rankin's idea of colour of right may be okay, but it's diluted because it relies on getting permission from the white government. Maybe one day, the truth will come out.

ST - Says that Rankin's argument may touch on other accused. Mr. Clark may have to be called as a witness. MA - Supports Rankin's application because it's a crucial document to the colour of right argument, which implies that the letter and its opinion of the law isn't necessarily right, but crucial to understand motives of accused.

LB - Says that evidence must be put forward at the right time through the appropriate witness. Says Sarich wasn't the right witness to bring this up through. Says position of the Crown is that now isn't the time to bring it up. Not saying that it can't be brought in later, just not now. Before document can be made relevant, Defense has to prove that accused relied on it somehow.

HR - The Crown says it could be relevant. He knows that Ignace will be testifying later so document will definitely become relevant. J says that he will consider this.

DC - Suggests that this document is the clearest enunciation of accused position. Where is the question then of relevance?

MA - says Crown played "Defenders of the Land" where Bruce Clark already brought up position. Sarich received letter and identified document. Tape shows author of document clearly making position and making colour of right argument. Crown says it's inadmissible until one of the accused gets up and testifies that they are relying on colour of right. But Crown brought in tape that said the same thing.

ST - Crown introduced Sarich, and brought up evidence that normally wouldn't be admissible. It was admitted because it was used to justify the actions he later took. Notes that Clark is an eminent figure throughout. J wonders if ST is saying this letter had an impact on Sarich's decisions. ST says yes. Jury in and Cst. Leon Demerais (LD) back on witness stand.

DC - Confirms he was 4th person of negotiating team. He wasn't in any briefings with Staff Sgt. Sarich. Met with him but never discussed operation. Never heard of reports made by Findley, Wood and Andrew regarding Gustafsen Lake. Did speak to Andrew because he was a friend.

MA - LD arrived around Sept. 1 and stayed to Sept. 21. Never out at site. He is Cree First Nation person. For most part, he took directions on what to seize. Sgt. Shakey was in charge but he didn't see him much. In field, he relied on own discretion. Says unit acted as team and didn't really rely on orders. He and Cst. Leslie the only persons to handle exhibits. Never directed to seize RCMP M-16s, hand grenades or explosives used to blow up red pick-up truck. Says he was only dealing with encampment site, Cst. Leslie in charge of rest. Looks at photos of what he calls "shooting pits". MA suggests that these are something else and pulls out a book called "Indians Before Columbus".

MA refers to section about Thompson River region that deals with houses: "winter dwelling was a circular pit house with 4 vertical posts inside supporting an earth roof, and with a square hatchway on top." LD says he is familiar with houses, but doesn't agree that "shooting pits" are such houses. LD does admit that winter houses have underground structure and are circular like "shooting pits" and that logs could be put in. He can't argue with that. Admits that they could be winter homes just as they could be shooting pits. J - notes that SF not here and though she's waived right to be here if she's late, she may still have questions for the witness. Stands down witness until SF arrives. LB wonders if there is a time limit for holding the witness and J asks witness to wait until a little later anyway.

Next witness (#20): Cst. Lauchlin Leslie (LL) - LB asks for his flow chart to be handed out to jury. It is. 16 years on police force. At 100 Mile House since Aug. '94. He is a general duty member. Sarich is commanding officer. Aug. 7, 1995 he was asked to be exhibit man. Explains flow chart to be typed copy of excerpt from his handwritten flow chart. Explains prefixes used. Scene A is main encampment. B - Bison and red truck scene. C - Clelland/Molendyk Suburban "ambush" scene. J - Seizure made by self from ?. K is Suburban exhibits scene. On flow chart, LL notes the exhibits seized by Demerais and on what point he took over. Explains that gap in numbers between Demerais and himself was intentional because he didn't know which number Demerais got to so gave him some extra leeway by starting at a large number.

Aug. 27, he was made exhibit man. Letter J used to designate exhibits seized that day. These were seized from members of Clelland/Molendyk "ambush" scene. Black bullet proof vest seized from Clelland around 4 p.m. on 27 Aug. This is Exhibit (Ex.) 110. Ex. 111 - piece of metal from above vest found imbedded between cloth and ballistics. This left a hole in ballistics of vest. Shows vest and where metal came from. Mark on ballistics on outer side. Hole in cloth is in radio pouch located on rear of vest. Ex. 112 - 2 small pieces of foam picked off another vest. Ex. 113 is vest from Molendyk and where foam came from. Foam came from right hand side of back near rip. Ex. 114 - drawing of scene by Molendyk. These only items to be made exhibits by Crown from scene J. Other exhibits noted - 1 9mm hollow point round from breech of Clelland's MP5, 31 live 9mm rounds from right hand magazine (of double magazine unit) marked with green dot, 20 live 9mm rounds from left magazine. Describes double magazine unit as HK91 holding total of 60 rounds for MP5 (submachine gun). These all came from Clelland. Other seizures include 1 round from M-16 breech; 13 rounds from M-16 magazine and a 30 round magazine, and Colt M-16 assault rifle, all from Molendyk as well as 1 roll of 35 mm film. Also observed backs of 2 officers and saw on Clelland large red mark starting to swell to the size of a fist. Molendyk had faint red mark above belt line. 1st observed backs at 16:20. Later saw them again at 100 Mile House hospital when he took them there. Last saw them at 18:30. Clelland's red mark was getting larger. Photo 4a.

Witness and jury stood down. J wonders if Demerais should be let go since SF was still not here. J decides that based on waiver she made, he stands witness down. ST notes that as before, LD should be made available later for possible further questions. J agrees.

MB/ Cst. Leslie cont'd. - Photo book given to jury. Recognizes photos of Clelland and marks on his back. Same with Molendyk. Recognizes burn mark on Molendyk's back. From Sept. 3-6, 1995, he seized exhibits from GMC Suburban vehicle. On 4 Sept., he received Suburban from Dan Russell, as well as the keys in police garage at 100 Mile House. Attached prefix K to these exhibits. Got keys, 6 Remington .223 spent casings and 1 spent 9mm casing, 1993 GMC Suburban, small piece of brass placed in matchbox which was found in tarp wrapped around Suburban for its move to 100 Mile House. Brass marked as Ex. 143. One small piece of metal also found in tarp - Ex. 144. Small piece of brass on black plastic cut from rear of vehicle - Ex. 145. Brass bullet, unknown calibre, removed from left rear door panel below window - Ex. 146. Small piece of lead found on floor of rear seat - Ex. 147. Other seized items include: spent 9mm brass found behind rear seat, empty box of .223 found under seat, spent .223 casing under front seat, 3 spent more found all around vehicle on floor, spent 9mm casing, 2 empty red .223 bullet holders, foam, 4 boxes of 40 .223 live rounds in glove box. Box of 12 Gauge ammo. Small plastic piece on seat. 1 spent 9mm case found in track of "silent patrolman" vehicle divider. Flattened piece of plastic. Empty .223 bullet holder. Spent .223 casing by drivers seat. 2 empty .223 boxes and bullet holders. Metal piece found in seat. 5 various pieces of lead found inside tire - Ex. 148. 1 grey rim from front right wheel. R16 Uniroyal tire from left front. 1 copper bullet fragment from tire - Ex. 149. Spare tire. Wheel rim from spare. Gas tank. Small piece of lead from lip of gas tank - Ex. 150. Fragment of lead from inside of gas tank - Ex. 151. Fragment of brass found on garage floor from below where tank was removed - Ex. 152.

Cross-member with 2 bullet holes (one bullet still lodged in the metal) from behind rear bumper in front of gas tank - Ex. 153. This is shown to jury members and Defense counsel by sheriff. Bullet still there all right. Fragment of brass found in gas tank liner - Ex. 154. Grey rim right rear wheel. Tire from above. Another photo album is passed out to jury and courtroom. ID's Suburban in photos as being at a temporary exhibit lockup at a storage place. ID's gas tank. He received a videotape from Cst. Flemming on 29 Sept. 1995. Identified as "Defenders of the Land" in blue case. He is shown tape but it isn't the same one he marked. LB realizes it is only a copy. Scene B is red pick-up truck/bison scene. LL made first seizure from 1st scene on 11 Sept. 1995 and last seizure on 23 Sept. Goes through all items. The following seized on Sept. 11, 1995: 1 Hungarian 7.62x39 rifle. Shown Ex. 116 and confirms it as the same. Parker Hale hunting rifle with scope. Shown Ex. 117 and confirms it as the same. 5 live 22-250 rounds - Ex. 155. Notes that there are only 4 bullets in bag now. Banana clip filled with unknown quantity of unknown calibre bullets - Ex. 118. Notes that the ammo is now outside of the magazine in separate bag. Another banana clip - Ex. 119. Bullets separated again. Cammo mask and round sunglasses - Ex. 156. Portable President radio. Midland portable radio. Receipt for David Pena from Province of BC - Ex. 157. Blue and purple Gap sweater. Brown paper marked "black bears for profit". Personal chequebook of Suniva Bronson. Canadian passport and interim drivers license in Suniva's name. Another Suniva chequebook. Washington map. Forestry map of 100 Mile House recreation area. Vancouver Grizzlies baseball cap. Alberta vehicle licence papers for Sonoma truck. Cigarette extension wire. Live 12-gauge round - Ex. 158. Piece of camouflage material. Curtis personal stereo. Receipt from Prince George Hotel in Suniva's name. Sonoma vehicle manual. Alberta licence plate. Vancouver Sun newspaper from Aug. 18, 1995. Handheld halogen light.

L/ I'm late. LB with Cst. Leslie - Exhibit list continued. Light pink shirt. Transceiver. 1 AK47 magazine with unknown quantity shells inside - Ex. 98. Jury notes there are 2 page 49s in their book. 1 full AK magazine - Ex. 99. LB notes blue baseball cap (Ex. 159) has been taken off exhibit list. Empty rifle clip made in China - Ex. 101. 11 or so empty AK casings - Ex. 160. 1 copper jacket that LL doesn't have here today. Black shirt. Empty ammo box for long rifle - Ex 160. 18" strip of wood taken from poplar tree. 12" chunk of same. Piece of copper jacket from tree. White singlet. Black t-shirt. Multicolored shirt. 1 live .303 cartridge and 4 empty - Ex. 100. This is it for scene B. Re: AK magazines, LL points to aerial photograph - says they were found 50 feet into treeline near to Bison spot. With reference to fallen tree at site, it was 50-100 feet west. Blue baseball cap found west of 2 magazines near fallen tree within treeline. Empty rifle clip found between 2 magazines and blue hat. Spent 11 AK casings found near fallen tree. All above found within 100 foot area. Some casings located by dog, others by LL with metal detector. Terrain described as grassy, mossy long grass area encircled with poplar trees. Scene D described as Percy's lease - a simple dwelling on south side of Gustafsen Lake. Shows it on large photo on wall. Seized items there on Sept. 18/95. Some items found include: Scewepn (Shuswap) Traditional Sundance flier - Ex. 93. Greetings and solidarity letter - Ex. 94. Press release dated ? - Ex. 95. Trespass notice dated June 13, 1995. Letter from Aug. 30, 1993 to Lyle James.

Scene C described as Clelland/Molendyk "ambush" scene located on camp side of 1000 Road, 100 metres from 35 km sign. Items seized include 22 spent AK casings, found 10 metres in woods, 70 metres from sign. Jury points out typing error. J: with a servile smile, "Very astute members of the jury." Terrain is a heavily treed area with long grass and moss. Elevation of land where casings found 10'-15' above road way.

From location of casings, could see road in two spots and about 100 feet of road. Found 2 live 22-250 rounds 150 metres from 35 km sign next to a large rock. Terrain also heavily treed there. In photo book 4a, points out photos of different casing locations. Scene A described as main camp area. He went there after Demerais did bulk of seizures. Cammo head gear - Ex. 163. Hand carved baseball hat with nails sticking out of end - Ex. 79. Found on tree branch in front of tent. Casio digital diary noted. Explains that following signs were on cabin: "One Spirit", "BC is a fraud, Band Council = puppet government", "Truth", "Resolution, Not Revolution", "Camp Wolverine", "This land is not for sale" and "Sovereigntists - Not Terrorists". A hand painted BC flag was also there. Photo Book 3 of camp - points out cabin and above exhibits. Inside cabin, found cammo jacket, 4 lined piece of paper listed as "letter to peace council" - Ex. 45. Empty red cartridge case unknown calibre, empty black cartridge case, spent .222 casing found SW of "rock bunker". 2 empty 7mm Mag boxes found at high rock bunker - Ex 164. Points to small picture where "rock bunker" is on hill 200 metres northeast of camp. L exhibits are Bronson and Archie seized effects. Includes 3 Polaroid photos of Suniva's bullet wound taken at 100 Mile House hospital on Sept. 17/95. AB/ Cst. Leslie cont'd - Looks at polaroids - Ex. 165. 2 X-rays of Suniva's arm - Ex. 166. 1 copper jacket from bush area 50' from Bison scene in woods near water - Ex. 167. C exhibits: 22 spent AK47 casings mentioned earlier found near Suburban site - Ex. 168. 2 live 22- 250 from earlier at same site - Ex. 169 and 170. Notes error that earlier there were 20 .22 rounds - only 19. HR - Re: Clelland and Molendyk photos - LL didn't take them and doesn't know who took them. He only took photos 1-11. Photos of Suburban were taken by forensics men Gehl and Clark. HR getting mad trying to figure out what LL did regarding preparation of photo album for Crown. LL explains he didn't put album together and only took a few pictures. Jury snickering as HR becomes more confused. From Bronson truck, B9 was turned over to him. Insp. Kendel turned it over to Sgt. Bob Grey who turned it over to LL. HR asks why an Inspector was handing things to a Constable. LL: "As you know our rank structure, I don't ask questions." Re: brown paper about bears, he says he got it from Sgt Grey and assumed Grey got it from Insp. Kendel. Re: red truck being blown up, he says he only knows about a red truck that was disabled. HR wonders why red truck wasn't picked up. LL says it was taken away because the truck wasn't needed as an exhibit. Cpl. Gehl and Clark from Kamloops Forensics would have to be asked why it wasn't made an exhibit. LL doesn't know why. In his 16-year history of police work, LL not aware of a truck ever being blown up before by police. Re: Bronson photos and X-rays, he says bullet is in his files in Surrey. He hasn't entered it as an exhibit. It was seized by Cst. John Jordan from Dr. Fressel and handed to LL in black film container - he never ran forensics test on it. HR suggests that it will just lay there until it is thrown out.

HR wonders who decides what is important. LL says he should ask Lance Bernard. HR says LB will object that he only gets what police give him. LL says if anyone wants the exhibits, he can get them within minutes. HR notes there are amateur polaroid photos of Suniva's wounded arm, but photos of police wounds are with excellent detail. LL says police photos were taken with a 35mm camera. LL adds that he took both photos and if anyone ever saw his family photographs, they would realize he's no expert. He feels both were adequate and only difference was type of camera used. When HR asks who he should ask about blown up truck, LL can't think of which officer would be appropriate. Re: cheque books and bear paper, LL says he had it passed to him after many senior officers checked it out. LL suggests items may have gone through so many hands because the command centre was a long way from encampment and there were people all over the place. When asked about items in red truck and the different inspectors that found them, he explains that Sgt. Grey gave him everything. Admits there were many people dealing with exhibits prior to him getting them. Re: silver piece of metal found in Clelland's vest - says it was sent to forensics in Kamloops and then to Vancouver. LL doesn't know where reports are, but file coordinator would know. Foam found went nowhere for analysis. When asked if photos of police wounds are as large as a fist, LL points to picture on 3rd page. Doesn't know what doctor dealt with 2 officers, but knows they were from 100 Mile House Hospital. HR asks if hollow points are issue bullets. LL doesn't know what type of bullets ERT use. L14 rounds mentioned are issue. LL says that he knows nothing of guns other than the one he uses. Says he wasn't involved in past debate of types of weapons the police should use. Says they now use 9mm hollow points. HR suggests that a hollow point breaks apart to cause a great wound. LL admits he's a hunter and understands that hollow points flatten to make a bigger hole. HR says that copper jacket bullets would confine wound to local area. LL assumes that hollow point would stop better. Remington 9mm aren't hollow point. Hollow point he was referring to was K21 hollow point - rifle rounds. LL assumes that casings found inside truck were fired from inside of truck. Found total of 8 spent casings in truck - 9mm luger brass and .223 Remington. Says he doesn't know what ERT carry for sure. Molendyk had M-16 with 30 round clip. Clelland had MP5 (doesn't know what that is).

   * Day 20: Mon. August 19 - no report yet   * Day 23: Thursday, August 22
   * Day 21: Tuesday, August 20               * Day 24: Friday, August 23 
   * Day 22: Wednesday, August 21