Trial, Week 6: Summary - August 27


WEEK 6: AUGUST 26 - 30, 1996

   * Day 25: Monday, August 26            * Day 28: Thursday, August 29
   * Day 26: Tuesday, August 27           * Day 29: Friday, August 30 
   * Day 27: Wednesday, August 28


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

Posted by FreeMedia

TUESDAY, AUGUST 27, 1996 - DAY 26

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

Cpl. William Clarke (WC) back on witness stand

JF - Re: book 4A, photos taken Sept. 21 on 1000 Road, 250 metres north of Lakeshore Road. Photos of three fallen trees found along side of road had various spray painted slogans in red including "Freedom", "Pig Watch", "Native Land". Trees had been felled from opposite sides of the roadway. Melon sized rocks are also seen scattered on road around fallen tree area. Next batch of photos taken same day of various exhibits found on ground. He wasn't person to locate exhibits. Cst. Leslie and Staff Sgt. Rinn had searched roadway with metal detectors and marked found spent casings with yellow tape. WC later followed and marked exhibits and photographed them. These casings found on west bank of road near fallen trees. Some 60 metres away, others right on edge of road. He notes that the height difference between the road and the banks where casings were found was 4 or 5 feet above.

Re: book 4B - photos 435-438 of tarp that had been wrapped around Suburban before it was moved. Photo is of tarp after its removal showing pieces of lead or brass - Ex. 143. Cpl. Gehl had removed tarp and spread it out on floor. Photos 584-590 of Ex. 145 - twisted up piece of lead or metal found near back door of Suburban. Photo 609 of Ex. 146 - piece of brass found in door behind driver's door. Photos 637-41 of Ex. 147 - small piece of lead found on floor under driver's side rear seat. Photo 643 of brass casing found under same seat. Photo 766 of left front flat tire. WC says they took tire to garage to determine if there were any holes in it. When they rolled tire, they could hear something inside. Removing the tire, they found 5 pieces of what he believed to be lead - Ex. 148. Photo 761 of spare tire in Suburban. Tire was also taken to tire shop where he retrieved more lead pieces inside. Photo 764 close-up of tear in spare tire. Photo 798 of Suburban at garage. It was taken there to remove gas tank which had a hole in it. Photos 798-800 of close-up of rear cross-member - Ex. ? gas tank next to cross-member that also had a puncture hole. WC says he found 11 holes on exterior of vehicle. Photos 467-8 of hole #1 in glass of passenger side rear side door. Photos 472-4 of hole #2 behind rear right tire in frame. Photo 478 of hole #3 just below right rear door. Photo 519 of #33 in glass of rear right door. #34 in same glass. #35 and #5 in photo 524 & 529 in left rear door glass. #39 in photo 531 of left rear door, lower right hand corner - close-up photo 535.

MB/ GW without jury - says that this incident (of August 27/95 "ambush") isn't being connected to anyone charged here and it's just more puffery. Defense wants to know what the relevance is to lead this. JF says Crown will make effort to make inference that incident was connected to those in the camp. J wonders if there is much more regarding this incident. JF says they intend to call more witnesses and evidence regarding this incident. J tells her to proceed then.

Jury in. Cpl. Clarke back.

JF - Hole #43 in licence plate photo 541. #44 in rear chrome bumper photo 542. #45 in photo 542 also on same bumper. That's all the identified holes. Dents and chips found in rear part of Suburban in the doors and bumper.

Re: blue binder Ex. 8 - he took photos 1400-1409 onwards. Taken from helicopter of Gustafsen Lake and roads on north side of lake and other roads in area.

Can see road going to property that he was told was leased by Percy. Blown up red pick-up truck seen on side of road nearby. Other views of camp area reveal Sundance circle (arbour). Photos of area where Bison incident took place photo 1421. HR wonders how WC knows about the Bison incident and he should not refer to it. J instructs JF not to lead this questioning as other witnesses involved will be called later. JF says she's finished with aerial photographs.

Yellow binders handed out - book 5A of Sept. 11/95 incident. He took all photographs on Sept. 21 and generally relate to red pick-up truck situated on 1000 Road between Lakeshore Road and driveway to Percy's lease. In photos of pick-up, a glass jar is seen which WC says he checked for fingerprints, but found nothing. Also found shirt. He goes through the pictures. Numerous photos of red truck sitting askew on the road. The hood is blasted upwards leaning against the shattered windshield. Engine parts hang out of the hood and huge blast dents appear on the hood. The front right tire is shredded and the rim is split. Photo 1442 shows the blackened car battery laying in a nearby ditch. It was blown right out of the engine compartment! Photo 1450 of Bison incident area. Says yellow tape around area was already there when he got there. Stakes in ground west of downed tree indicate evidence found - 2 ammunition clips containing live rounds - Ex. 98 & 99. Other evidence in photo is of blue baseball cap - Ex. 34. Photo 1467 is of an empty clip on ground west of tree - Ex. 101. Photo 1468 is of downed tree. Next to tree is a spent casing - Ex. 160. More casings found within 10 metres of tree. More photos of surrounding area. On Sept. 22nd, he received evidence from Cst. Leslie. On Sept. 28th, he tested evidence.

L/ During lunch, the Defenders met with American presidential candidate, James Harris, of the Socialist party. The African American and his aides listened attentively to the story of the demonization and attempted murder of the Defenders at Gustafsen Lake. Harris said he wished he had come to Vancouver earlier before he went to New Zealand because of the similar indigenous struggles the Maoris face there.

J notes that the jury foreman has requested an hour and a half lunch for the jury on Fridays.

JF cont'd with Cpl. Clarke - Describes crazy glue method to get fingerprints off smooth surfaces as described by Cpl. Carrothers. Says that spent casings provide a good surface for prints, but usually don't get many because they are so small and there is a light coating of oil on them that makes prints difficult to adhere to the surface. In red book #3, six photos at back taken by him on Sept. 22nd. Photo of "line bunker" Taken 120 metres east of intersection of 1000 Road and lakeshore. Photo 1574, brush and trees had been cut and laid on ground. Says there's a bunker in photo 1578. Re: book #1, photos 156-165 taken on Sept. 13th at 100 Mile House of prisoner #6, identified as Brent Potulicki. Following photos of "prisoners" taken on Sept. 17: Robert Flemming, Shelagh Franklin, Joseph Ignace, Grant Archie, Suniva Bronson, Mary Pena, Flo Sampson, Jones Ignace, Percy Rosette and Trond Halle (a swell lookin' fella!)

ST - WC agrees there was a commercial surveyor around Sept. 20. This was used to produce a map to assist investigators. Surveyor is Nigel Hemingway. Agrees that not all exhibits are on this map. ST asks to look at map as well as the surveyor's field notes.

LB doesn't think map is helpful without a lot of detail or explanation. ST asks to address the J without the jury. Jury leaves.

ST - says this is a document that should have been disclosed and he wants to defer his cross-examination until he's had a look at it. J asks to see map to satisfy his own curiosity. J stands down for lawyers to look at map. Five black caped vultures swoop in to pick over the evidence, squawking and shuffling from foot to foot. OJ is singing in the holding cell, but his voice carries into the courtroom. Jones also led to holding cells.

ST without jury - says LB will produce original map and Hemingway's notes, but the Defense has acted blindly, unaware the map even existed. The Defense will want to have its own experts look at this map. LB argues that the map was produced with one survey marker and was used to relate evidence found to the lay of the land. He doesn't offer that as an explanation of non-disclosure, saying that this map doesn't intend to produce the property lines. Says that Hemingway was contacted to produce a map that would show property lines and he will be available for further cross-examination. ST wants to know if a legal survey was done, when and by who. J says he can ask the Crown after the proceedings.

Jury back.

GW - Confirms that WC examined Suburban truck. GW suggests that he was trying to connect truck to the camp inhabitants, but WC says he doesn't know whose prints he'll find. Agrees that he doesn't know when holes were put in truck, by who or if any other holes happened after it was abandoned. No prints were found in the truck to connect it with any of the defendants. Aware there was a lot of publicity. Doesn't know when people came into camp. The only connection he had with the defendants was when he photographed them. He didn't order Joseph Ignace's clothes to be seized. He had no scientific interest in it. Nor in Grant Archie's clothing.

DC - WC says he had no formal briefing in this case. He had members tell him where they were and which direction they went and from there, he took photographs. The exception was the Bison scene. Here he was directed to the magazines and the blue hat. To his knowledge, at the time, he didn't know of any suspects regarding the Bison incident. The only information he had of Suburban incident was of which direction the vehicle had gone. He didn't know that casings found by roadside were not connected to any of the weapons found.

MA - Re: Cst. Leslie's bag of a thousand casings, he assisted in picking up the brass from around the Bison scene. He doesn't know of another bag full of empty casings found around the encampment. He kept two notebooks for his investigation.

AB/ Jury in. J tells them that there will be an answer for how long this trial will go on.

JF - Next witness (#23): Cst. Ray Wilby (RW) - 18 years on force. Stationed at Kamloops in summer of 1995. He was Emergency Response Team (ERT) leader. Started ERT 1983-4. Describes ERT - voluntary members primarily trained to deal with armed persons barricaded in, with or without hostages. Also do high risk entries, VIP escorts, etc.

Has a familiarity with firearms from ERT and from hunting. Familiar with most hunting rifles as well as ERT firearms like 9mm Sig Saur P226 semi-auto handgun, HK MP-5 submachine gun, Armalait CAR-15 - snipers have .308 sniper rifles.

In August '95, he got involved with standoff. Received call from Staff Sgt. Porter and attended meeting with Porter and Supt. Olfert. Ordered to take ERT to do discreet reconnaissance (recce) of encampment. Told by Olfert that if they were compromised at all, (any contact) they were to leave immediately. Wanted to know how many people were there, vehicles and lay of land. Took 35mm camera with telephoto lens and handicam video camera. Told to avoid anybody. They did this on Aug. 17 and 18, 1995. They had no written plan for recce. Did it with Callander, Overby, Greenwood and Nordstrum from Kamloops. Equipment included combat boots, cammo pants, jacket and headgear, Sig Saur handgun, green combat vest designed to hold equipment like magazines, flashlights with pack on back for water, clothes. All had M-16's except for Callander with sniper rifle. M-16 described as coming from Vietnam era with collapsible stock, sling, carrying handle, 30 round magazine and fires only in semi-auto mode. All had extra magazines. All had ERT radio which go between member to member. Wilby had second radio which can call up repeater to contact Kamloops. ERT radio is 3 parts with 3 wires - earphone, mike and activator button.

Went on morning of Aug. 17th. First time there. Took two Suburbans. Cst. Ken Tassell assisted them to get there. Tassell arranged containment area on edge of 100 Mile House. Dropped off at 5 pm by Tassell. Tassell was to pick them up when they called on secondary radio. Planned to stay overnight and perhaps all of next day. Once dropped off, went in southeast direction. Followed bushline to fence due north of camp. Eventually got to area northeast of camp after 3 hours at rock outcropping 400 metres northeast of camp. Able to observe part of camp there. Came from north side to ensure no one there. Says it's large area. Found dug pit on south side with partial covering. Inside was sweater and pants. A few feet away was a rock lean-to. Due south was an open area and stand of poplars. You could see lake to south and west. Heard a man and woman laughing. Saw a female gathering wood. Saw Sundance circle. To female's south was only structure they could see - structure with blue tarp. This was 8 p.m. (Aug. 17). Female was 300 or 400 yards. Shown small aerial photo. Doesn't see spot Tassell dropped them off, but describes it as NW of camp. Points out Sundance circle and rock outcropping and pit. Points to camp. After seeing female, he decided it was too late so they went into bush to spend night. Spent night almost due east of rock few hundred yards. They put up only one black tarp as a roof. Didn't move in dark hours.

Next morning (Aug. 18) at 5 a.m., weather was cold and misty, skies were clear. Went from their camp back to rock area. Walked south through clearing. From rock, they saw smoke rising from fire last night. As they moved through some aspens, Nordstrum was told to stay there until team returned. Went to area 100 yards north of blue tarp area. Once there, they noted a red Suburban and two vehicles that had arrived that night or had been moved. Says there were a number of hobbled horses to west of camp. "Noticed that all the horses were looking at us. They knew we were there." A couple of chuckles in courtroom. Noticed person in front of blue tarp wearing cammo pants and clothing 150 yards away. Doesn't know if they made contact with that person. He was just standing there.

Says person facing their direction, but didn't know if he was looking at them. Wilby decided to return to rock to decide on mission. Went back to aspen tree area and rallied there. They were waiting for Nordstrum to join them in aspen grove. They stepped out of aspens on north side. Points this out to jury, Counsel and accused. He stepped out and started walking across flat area and headed for rock. Callander 20 feet behind him. Nordstrum hadn't joined him yet.

In open, he heard a male voice from his right (east). Said a few words that he interpreted as native North American. Tone was inquiring. Says it was very close, just out of the clearing. When JF asks Wilby to describe what was said, he apologizes to the court for not knowing the language. He then imitates the sound of the voice "Heyahheyahheyahey" sending courtroom into laughter. He shrugs sheepishly. Didn't see anyone other than members with him. Heard voice again - this time in English. Tone was inquiring again. Not a challenge. Voice was from same area. He brought M-16 up to his chest. Turned head, but he didn't respond. As soon as he said word "it", a large calibre weapon discharged. Says it was large calibre because of report (the sound). Very loud and from area where voice was. Says he was aware of a round going by. Said he heard it going by. Sound was "sssst". Says he heard 2nd "sssst" sound at same time as discharge. Says he heard it to his right above head level. Three guys with him went to ground. He ran to rock area and checked to see if anyone was there. Eventually he made contact with Cpl. Callander. Saw three men on ground. Says three got a hold of Nordstrum and made their way through bush to rock. They made sure no one was hit and then started running north to 1100 Road. On run, he contacted Kamloops to get Tassell to pick them up. Running for 2 to 2.5 hours. Following discharge, they heard nothing else.

Tassell picked them up and went to holding area where they stored gear. Called Olfert from 100 Mile House and then returned to Kamloops. Following that, he and Insp. Moulten - second in command of Vancouver HQ ERT - put together plan that should need arise, they could safely remove persons from that camp. He never saw plan. Plan was to use four Bisons, fill them with trained ERT members. Chose Bisons because they provided safest way of entering camp to arrest occupants.

Returned to 100 Mile House Aug. 27/95. His role was to liaison with ERT coming in from Vancouver. On Aug. 30th, he went with Cst. Kerr on 1000 Road at 10:25 hours by helicopter. He observed two persons walking northbound on middle of road. Helicopter landed and he and Kerr engaged two at gunpoint. Kerr had two lay down on road. Kelowna ERT squad came in Suburbans with the intention of taking the two to 100 Mile House Detachment. RW explains that they "engaged" the two people by pointing weapons at them and told them to lay down on the road. DC admits to the identity of Stuart and Francis Dick as the two people. RW says they had the two men for five minutes before Kelowna ERT got there. RW and Kerr then took off in the helicopter, but got orders to return to the road and to fly the Dick brothers to 100 Mile House and to hand them over to members of Serious Crime Unit.

The court is stood down for the day. Outside in the corridor, Trond sees the ERT witness. "Hey Wilby, how do you spell "heyahheyaheyahey"?" Wilby looks over embarrassed. "That's why I apologized. I didn't know how to say that." Trond reassures him that everyone understood his predicament - "I just wasn't sure what to type." I still don't.

   * Day 25: Monday, August 26            * Day 28: Thursday, August 29
   * Day 26: Tuesday, August 27           * Day 29: Friday, August 30 
   * Day 27: Wednesday, August 28