"Beyond Contempt: A Judge and a Prosecutor in Gilpin County are after a New Breed of Criminals: Jurors and Defense Attorneys"

Guess goes to trial

Liam Lahey

North Shore News

THE B.C Supreme Court deliberations involving North Vancouver resident Gillian Guess got off to an awkward start on Monday.

Guess has been charged with obstructing justice in connection with her involvement in a 1995 murder trial.

The Crown alleges Guess, who was a juror in the trial, was involved in an intimate and sexual relationship with Parjeet (Peter) Gill, one of the six men accused of murder.

But before the trial began, Justice Raymond Paris informed the packed courtroom that council for both sides would have to choose three new jurors.

"I have just learned of some problems with certain members of the jury," Paris said. "One member of the jury has a holiday planned to visit Disneyland, and will have to miss three days of the trial in late May. Another member has provided a letter from his employer indicating his company will suffer significant difficulties if he has to serve his duty here, and just now, a third juror said her brother gave evidence at the original murder trial."

Stifled laughter rolled throughout Courtroom 67 as Justice Paris, Crown attorney Joe Bellows and defence attorney Peter Ritchie, debated whether to relieve the juror whose wife had reminded him of their holiday commitments. The other two jurors were excused from serving.

"With respect to (the juror) who has the vacation planned, I'd be grateful for a couple of days out of court," said Bellows. "A day or two out can be beneficial ... I'm neutral about it."

However, Bellows wasn't neutral regarding where Guess chose to sit during the trial. As opposed to being seated in the prisoner's box, Guess sat alongside Ritchie, something Bellows found contentious.

"Miss Guess should sit where every other accused person sits during the trial," he said.

Ritchie dismissed Bellows' comments, stating that Guess was suffering from an embarrassing medical condition.

"The fact of the matter is your Lordship, my client has painful menstrual cramps, and the poorly designed, uncomfortable bench in the prisoner's box, is too painful for her," he told the judge.

After agreeing that a medical letter was required for Guess to sit outside the prisoner's box, and both sides concurring that a three-day break in late May wouldn't adversely affect the trial, Paris brought the juror in to address him before the court.

"Sir, your wife reminded you of your holiday on May 23 to the 27 ... while you visit Disneyland, we'll adjourn the trial and give your wife our best regards," he said to a round of laughter.

But it was no laughing matter when Bellows finally got the opportunity to address the jury as to what Guess is accused of.

"Gillian Guess is charged with willfully attempting to obstruct justice by having an intimate relationship with Parjeet (Peter) Gill," he said. "She was a juror at the time of Mr. Gill's murder trial ... during the course of that trial, she had a relationship with Mr. Gill that was both intimate and sexual ... her conduct constitutes an attempt to obstruct justice."

Bellows told the jury he would prove the Crown's allegations by providing evidence in seven broad categories.

These included:

* Guess' conduct in the courtroom during Gill's trial;

* observed contact she had with Gill outside the courtroom;

* a diary belonging to Gill that contained information about their relationship;

* an RCMP investigative report that showed Gill and Guess' phone communications.

As well, the police "bugged" an overnight stay the two had at Guess' apartment. The RCMP had obtained search warrants for the latter two investigations.

"There was considerable eye contact and subtle gestures between Mr. Gill and the accused (during the trial)," he told the jury. "It had occurred very, very often ... six of Miss Guess' co-jurors in that trial will also testify that she actively participated in their deliberations, and she had indicated her view that each of the accused were not guilty."

Bellows added that the Crown would show a videotape, in which Guess allowed herself to be interviewed by a BCTV reporter speaking in defence of Gill and the five other acquitted men from the 1995 trial.

"This interview was conducted at Vanessa Brian's home, Guess' sister," he said. "Guess agreed to the interview provided her identity was not revealed, we will show you that tape."

The Crown attorney added that Guess admitted to four women on separate occasions of her involvement with Gill, and that these four women, three of which were her friends, would testify to that effect. One of those women is Vanessa Brian.

Guess sat stone-faced, with her eyes closed throughout most of the proceedings, and even appeared to be sleeping while the lawyers verbally jousted.

The trial is expected to last for up to six weeks, with a three-day break in late May.

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