Andy Ivens
The Province
A B.C. Supreme Court jury got a glimpse yesterday into Peter Gill's diary after it became evidence in the trial of Gillian Guess.
Notations in the book, surrendered by Gill to RCMP officers armed with a search warrant, indicate the author was aware of a juror's interest in him while she was sitting on the jury in his murder trial.
Gill and five other Vancouver men were found not guilty in October 1995 of murdering Jim and Ron Dosanjh.
Guess is charged with ob-structing justice by "having a personal relationship" with Gill during the seven-month trial.
It's the first time anyone is known to have faced such a charge in a court of law.
In the diary, there are observations about a juror who appears to be jealous.
"Juror is not making eye contact. Saw me with wife, son," reads one excerpt, which the Crown alleges is written by Gill.
Further down are the words "Guess Jeans" and a drawing of a pair of jeans, followed by "Guess."
Vancouver RCMP Staff Sgt. Donald Rinn testified he and three fellow officers went to Gill's east Vancouver residence March 14, 1996, and showed him a search warrant.
They entered Gill's bedroom, where he opened a small house safe and produced the diary, said Rinn.
"That is what you're looking for," Rinn said he was told by Gill.
Deputy-sheriff Sunny Punn was one of six court officers who testified they saw Guess and Gill flirting with each other during the 1995 trial.
Most of the witnesses so far have said they saw Gill writing in a diary. Some have testified they saw Gill nudge a co-accused sitting next to him, show him what he'd written, look up at Guess and smile--all while the murder trial was going on in front of them.
Deputy-sheriff Shawn O'Shea was the jury management sheriff on the long trial three years ago. He said Guess spoke to him July 13 outside the jury room.
"She asked me about seeing people related to the trial on the street and what she should do about it," said O'Shea.
He said he took Guess into the jury room and, with the 12-person panel assembled, explained it was all right to acknowledge people related to the trial but conversation should be avoided.
"Did she ever come to you and say, 'I'm beginning to feel attracted to one of the accused. Any suggestions, given I'm a juror?'" asked Crown counsel Joe Bellows.
"No, she never said anything like that," replied O'Shea.
He said he and court clerk Emma Hyde approached Justice Tom Braidwood in early July after court staff said they saw Guess and Gill flirting.
Asked by defence counsel Marilyn Sandford whether the judge cautioned Guess, O'Shea said no.
He said he did not recall Justice Braidwood ever cautioning the jury about making eye contact or improprieties with accused.
On redirect examination, Bellows asked, "Did you ever tell any of the jurors they shouldn't sleep with an accused?"
"No," O'Shea replied.
That prompted an audible gasp of indignation from Guess.
The day began with Justice Raymond Paris cautioning jurors not to read Guess's website on the Internet and to focus only on what what they see and hear in court.
ENTRIES FROM DIARY
At Gillian Guess's trial yesterday, Crown counsel Dianne Wiedemann read excerpts from Peter Gill's diary, and the witness, RCMP Staff Sgt. Donald Rinn, agreed they are in the book he obtained by search warrant from Gill on March 14, 1996. Some of the excerpts:
Many diary entries were ruled inadmissible at earlier court proceedings. Wiedemann did not read out all of the admissible material.
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