Gillian Guess

From Wikipedia, the free encyclopedia

Gillian Guess (born 1955) is a Vancouver woman who was convicted of obstruction of justice after becoming romantically involved with a murder defendant while she was a juror in his trial. Her case is significant because it set legal precedents in three areas of Canadian Law: Her case is the first known case where a juror has had sexual relations with a murder defendant after his trial, the only case where a juror has faced criminal sanction for the decision they have made, and the only case in Canadian law where jury room discussions were made part of the public record.

Contents

[edit] Police allegations

According to the Vancouver Police Department, Peter Gill (also known as Preet Sarbjit Gill) and his brother-in-law ran a gang involved in the drug trade in Vancouver. Police believe that in February 1994, the gang lured Jinsher Dosanjh (aged 26) to an alley, where they murdered him with machine guns. Two months later, this gang allegedly also murdered Dosanjh's brother Ranjit. [1]

[edit] Regina v. Gill

Peter Gill was charged with two counts of first-degree murder. Five of his associates, Bhupinder Johal, Rajinder Kumar Benji, Michael Kent Budai, Ho Sik (Phil) Kim, and Sun News Lal were tried with him on the murder charges. The trial began on February 27, 1995 and lasted eight months. It was one of the longest, most expensive and most complicated trials in British Columbia history.[2] Gillian Guess was selected to serve as a juror for the murder trial. During the trial, Guess and Gill started a relationship that became sexual.

[edit] Relationship between Guess and Gill

Guess was quickly attracted to Gill, who was a man 10 years younger than she. She would stare at him, and according to court clerk Emma Hyde, "She would flip her hair and look seductive".[3] Later Gill approached Guess at McDonalds and told her he was innocent of the charges.[4] Sometime later the two started to flirt outside the court room. Gill pursued the relationship, and Gill and Guess had intimate conversation and kissed in Stanley Park. The relationship became sexual.[5] Guess said, "My attraction to him was a complete intoxication...I got to the point where I couldn't see straight. It just became an obsession."[6]

Court officers informed the judge of the inappropriate behaviour, and the Honorable Judge Braidwood warned Peter Gill about his behaviour, but he never talked to Gillian Guess.[7] The relationship continued, and when Gillian Guess asked Peter Gill if she should find a way to get off the jury, he told her to stay.[8] He also told her to convict two of his co-defendants, but not him.[9]

[edit] Peter Gill's diary

Gill kept a diary which recorded his relationship with Gillian Guess. The following are statements he made in his diary:

"Bad hair Monday juror. I get the feeling somebody's watching me." [10]

"She's still making eye contact."[11]

"Juror is not making eye contact. Saw me with wife, son."[12]

"Every time someone walks in, she is looking to see if I look and if it's a female she stares."[13]

"After reading this, smile and look at juror. The reporter's looking at us. Guess Jeans (and a drawing). Guess."[14]

"See guard. He keeps looking to see if we're looking at chick number one in jury."[15]

[edit] Police investigation of Gillian Guess

Several months after the acquittal of Peter Gill, Vancouver Police saw Guess and Gill dancing together at a night club. Police investigated, and placed secret surveillance devices in Guess' home, and tapped her phone. [16] They recorded her admitting to others, including her daughter, that she had been involved in a romantic relationship with Gill while she was a juror at his trial.

[edit] Regina v. Guess

In 1998, Crown prosecutor Joseph Bellows laid an obstruction of justice charge against Gillian Guess, arguing she had violated s. 139 (2) of the Canadian Criminal Code .[17] Guess pleaded not guilty.

Guess seemed to enjoy all the media attention she received during the trial, and she seemed determined to prove that she had done nothing illegal. She said, "After eight months even the trial judge started looking good," and that "It didn't matter if I had sex with all the accused and everyone in the public gallery."[18]

Gillian Guess was convicted of obstruction of justice because other jurors claim she harassed them into acquitting Gill. After being convicted she said, "I have been convicted for falling in love and nothing more. I have not committed a crime" .[19] She was sentenced to 18 months in prison, plus one year of probation .[20] She appealed her sentence, but the appeal was dismissed on November 2, 2000.

[edit] Retrial for Peter Gill

In May 2001, Peter Gill and his associates Mr. Budai and Mr. Kim were ordered to be retried by the British Columbia Court of Appeal on the first degree murder charges .[21] However, the Crown never retried them. Instead, Peter Gill was convicted for obstruction of justice. He received a sentence of six years in prison .[22]

[edit] Media coverage

The trial of Gillian Guess became a media sensation, with reporters coming as far away as Germany and New Zealand to cover the trial. [23] The Gillian Guess story was also told on the news magazine show Inside Edition, and on the ABC News Show 20/20. Gillian Guess was also photographed for Marie Claire magazine [24]

Her story was eventually made into a movie named "The Love Crimes of Gillian Guess."

http://www.imdb.com/title/tt0424247/

[edit] Gillian Guess in her own words

In 1998, Gillian Guess wrote an article in a Simon Fraser University campus newspaper named "The Peak." Here are her own words about her experience.

http://www.peak.sfu.ca/the-peak/98-3/issue10/stoned.html

[edit] References

  1. ^ Wood, Chris. "Affair of the Court", Macleans, May 25, 1998.
  2. ^ Honourable Mr. Justice Davies. "Regina v. Gill", British Columbia Supreme Court, July 2, 2002.
  3. ^ Wood, Chris. "Guess Guilty of Obstruction", Macleans, July 1, 1998.
  4. ^ Honourable Mr. Justice Davies. "Regina v. Gill", British Columbia Supreme Court, July 2, 2002.
  5. ^ Honourable Mr. Justice Low. "Regina v. Guess", British Columbia Court of Appeal, November 2, 2000.
  6. ^ Wood, Chris. "Guess Guilty of Obstruction", Macleans, July 1, 1998.
  7. ^ Honourable Mr. Justice Davies. "Regina v. Gill", British Columbia Supreme Court, July 2, 2002.
  8. ^ Honourable Mr. Justice Davies. "Regina v. Gill", British Columbia Supreme Court, July 2, 2002.
  9. ^ Honourable Mr. Justice Davies. "Regina v. Gill", British Columbia Supreme Court, July 2, 2002.
  10. ^ Ivens, Andy. "'Guess Noted in Gill Diary'", The Province,1998.
  11. ^ Ivens, Andy. "'Guess Noted in Gill Diary'", The Province,1998.
  12. ^ Ivens, Andy. "'Guess Noted in Gill Diary'", The Province,1998.
  13. ^ Ivens, Andy. "'Guess Noted in Gill Diary'", The Province,1998.
  14. ^ Ivens, Andy. "'Guess Noted in Gill Diary'", The Province,1998.
  15. ^ Ivens, Andy. "'Guess Noted in Gill Diary'", The Province,1998.
  16. ^ Wood, Chris. "Affair of the Court", Macleans, May 25, 1998.
  17. ^ Honourable Mr. Justice Low. "Regina v. Guess", British Columbia Court of Appeal, November 2, 2000.
  18. ^ Cunningham, David. "No Apologies", B.C. Report Magazine, 1998.
  19. ^ Wood, Chris. "Guess Guilty of Obstruction", Macleans, July 1, 1998.
  20. ^ Honourable Mr. Justice Low. "Regina v. Guess", British Columbia Court of Appeal, November 2, 2000.
  21. ^ Honourable Mr. Justice Davies. "Regina v. Gill", British Columbia Supreme Court, July 2, 2002.
  22. ^ Honourable Mr. Justice Davies. "Regina v. Gill", British Columbia Supreme Court, July 2, 2002.
  23. ^ Cunningham, David. "No Apologies", B.C. Report Magazine, 1998.
  24. ^ Cunningham, David. "No Apologies", B.C. Report Magazine, 1998.

Smith and Chymyshyn v. Knights of Columbus and Hauser and Lazar