March 15 -- Notice of Involuntary Transfer
On March 15, Gary Weaver received a Notice of Involuntary Transfer Recommendation
for Kent maximum security, signed by Unit Manager Callahan. The Notice
As a result of this incident there has been an extensive
investigation and information gathered from various sources. While the
information does vary somewhat, there is no doubt that from every source
of information Weaver is identified as having had some part in the assault.
We may never know the extent of Mr. Weaver's involvement in this assault
but I sincerely believe he played some part. (Notice of Involuntary Transfer
Recommendation, , William Head Institution, March 15, 1999)
Quite apart from the inaccuracy of Mr. Callahan's statement that every
source of information identified Gary Weaver as being involved with the
assault -- this completely disregarded both the information from the RCMP
and the results of the handwriting investigation and the monitoring of
tapes -- this notice clearly revealed that Mr. Callahan had already considered
Mr. Weaver to be guilty at the time he chaired the thirty-day review.
The initiation of Gary Weaver's involuntary transfer to Kent required
my immediate attention. Under CCR Regulations,
prisoners have two days to prepare a written rebuttal to a recommendation
for transfer. Because of the complexity of the case, and because Mr. Weaver
was scheduled for a polygraph examination on March 25, I requested and
received an extension until the end of March for the preparation of the
rebuttal. I also requested further written information regarding the various
"reliable" sources identified in the IPSO's memo of February 15, which
were also referred to in the transfer recommendation. In response, I received
a Security Intelligence Report, dated February 26, 1999, in which the
names of prisoner informants were blanked out to protect their identity.
On March 25, Gary Weaver was taken under escort to the Victoria RCMP
detachment, where he was interviewed and tested by Sergeant Hunter of
the Vancouver RCMP Polygraph Section. Sergeant Hunter later reported to
Sergeant Brown and Corporal Gavin that, although the results of the test
itself were "inconclusive," his intensive questioning of Mr. Weaver and
Weaver's demeanour during and after the test led him to agree that Mr.
Weaver was not involved in the assault on Curtis Caziere. The results
of the test and Sergeant Hunter's opinion were relayed to the IPSOs' office
at William Head.
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