The RCMP Investigation
Following Mr. Weaver's five-day review, I spoke with the RCMP officers
conducting the investigation into the assault on Mr. Caziere. Sergeant
Bruce Brown and Corporal Gordon Gavin are veteran officers with over fifty
years between them in the Force, and they have conducted a number of investigations
at William Head. Their preliminary investigation had led them to the view
that Mr. Weaver was not involved in the assault on Mr. Caziere. This was
based on a number of factors. Sergeant Brown advised me that no blood
stains had been found on Mr. Weaver's clothing, nor did his boots match
any of the bloody footprints at the scene of the crime. A search of Mr.
Weaver's room at F-7, pursuant to a search warrant executed on February
16, had found no incriminating evidence.
The RCMP had also interviewed several of the prisoners Gary Weaver said
could corroborate his whereabouts on the evening in question. They had
found that these prisoners' accounts were credible and therefore confirmed
Mr. Weaver's alibi. Of importance in their assessment that Mr. Weaver
was not implicated was the high degree of improbability that he could
have committed the assault given (a) his corroborated telephone calls
to Lama Margaret until 9:27 p.m. and (b) his corroborated presence in
F-7 from 9:30 to 9:40 p.m. Even discounting (b), the RCMP pointed to the
virtual impossibility that Mr. Weaver could have completed his telephone
call to Lama Margaret, gotten to Upper G Tier, participated in the assault,
gotten rid of any incriminating evidence, gotten back to F-7, showered,
dressed and then made his way over to C-unit to inspect the damage he
was supposed to have done, all by 9:37 p.m.
There was another highly significant element in the RCMP's belief that
Mr. Weaver was not involved in the assault. The RCMP had first interviewed
Mr. Caziere shortly after the assault, when he was taken to an outside
hospital. He had told them then that he could not identify his assailants.
Seven days later, following his return to the institution's Health Care
Unit, he was re-interviewed by the RCMP and at that time identified Gary
Weaver as one of his assailants. Sergeant Brown and Corporal Gavin told
me they had the gravest concerns about the reliability of this identification.
Prior to their second interview with Mr. Caziere, he had been visited
by a William Head staff member who told him which prisoners had been placed
in segregation following his assault. In the RCMP's view, this communication
not only made the identification unusable in a court of law but rendered
it unreliable in assessing the allegations against Mr. Weaver. It also
came to light in the second interview that the assailants had been masked.
This further undermined the reliability of Mr. Caziere's identification.
The RCMP also advised me that to further their investigation and to provide
Mr. Weaver with an opportunity to clear his name, they would arrange for
him to be assessed by a polygraph examiner. Everything the RCMP told me
they had already conveyed to the IPSOs' office at William Head.
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