During cross-examination, Crown counsel asked MacDonald to name the
prisoner who had supplied him with the knife on February 22. Mr. MacDonald
declined to answer, saying it would place this prisoner in jeopardy. The
judge then instructed the jury that they could take the accused's refusal
to answer to account in assessing his credibility. On redirect examination
by Mr. Conroy, Mr. MacDonald was asked what the consequences would be
if he named the prisoner. He said he would be labelled an informer and
run the risk of being stabbed or beaten by other prisoners.
Hughie MacDonald's evidence was followed by that of another prisoner,
Marty Hornell, whose criminal record consisted of numerous counts of bad
cheques, false pretences, and several robberies. Mr. Hornell explained
that he had been a junkie for twenty years, and all of these offences
had been committed to support his habit. He had known Gary Allen back
in the late 1970s when they were both scoring heroin on Granville Street
in Vancouver. During that time Mr. Allen was known as a "muscle head,"
meaning that he was very intimidating and used his strength to get drugs
from other guys. Mr. Hornell said he himself had been robbed by Mr. Allen
and that on another occasion he observed Mr. Allen beat a person up to
get dope from him. He did not see Mr. Allen for another fifteen years,
until he met him in Kent. Mr. Hornell was in segregation at Kent early
in 1994 following an involuntary transfer from Mission Institution. He
was the food server, and therefore had the free run of the J segregation
unit. He testified that Mr. Allen was constantly badmouthing Hughie MacDonald
and that he used Mr. Hornell to pass papers of heroin to other prisoners
as part of what Mr. Hornell understood to be Mr. Allen's "building an
army" who would support him when he was released into the population.
As Mr. Hornell explained, "If you supply prisoners with heroin then you
have a lot of influence. It's like bees to a flower." He testified that
Mr. Allen bribed other prisoners who had numbers lower than his -- and
therefore would normally be released to population before him -- by giving
them heroin in return for refusing to leave segregation when their number
came up. In this way Mr. Allen was able to accelerate his own release.
Meva Gill was the next witness. Mr. Gill was serving three life sentences,
two of which were imposed in 1978 for the murder of his uncle and aunt
and the third in 1983 for the murder of another prisoner at Kent Institution.
Mr. Gill had been described by a Federal Court judge, in a case in which
Mr. Gill challenged his transfer to the Special Handling Unit (SHU), as one
of the "barbarian princes" of the Canadian prison system. Although not
a tall man, Mr. Gill had the physique of a well-disciplined weightlifter.
His evidence was that he had met Gary Allen in Kent in 1991-92 and had
met Hughie MacDonald earlier, when they were both in the Special Handling
Unit. Mr. Gill's relationship with Mr. Allen had begun when they were
working out together in the gym. Subsequently, Mr. Gill had asked Mr.
Allen for some favours, in the form of enforcement services for the collection
of drug debts. Mr. Gill testified that he had had a conversation with
Gary Allen shortly after Mr. Allen returned to Kent from the Special Handling
Unit in 1991. Mr. Allen asked Mr. Gill for news about guys in the SHU,
and when he mentioned Hughie MacDonald's name, Mr. Allen got visibly upset.
On another occasion, when Mr. Gill asked him what the problem was with
Hughie MacDonald, Mr. Allen's response was "He's dead." Mr. Gill said
Mr. Allen had told him that he had it in for Mr. MacDonald "because of
what he and his friends did to me in Edmonton." Mr. Gill eventually withdrew
from his association with Gary Allen because, as he put it, Mr. Allen
"was a heat score," and Mr. Gill was trying to lower his own profile and
move to lower security.
Meva Gill described Gary Allen as a big man, strong and intimidating.
When asked to describe Hughie MacDonald, he laughed and immediately apologized
to the court for doing so: "I'm sorry, I was laughing because he reminds
me of Santa Claus." I noticed that several jury members smiled at this.
At the beginning of the trial, I'm sure they could not have imagined Hughie
MacDonald, with his convictions for manslaughter and double first-degree
murder, as Santa Claus. Having since compared the demeanour and the physical
appearance of this fifty-two-year-old, 185-pound man, bulging more at
the waist than the biceps, with the photograph of Gary Allen, 6'2"and
275 pounds, stripped to the waist, with his 58-inch chest and massive
biceps, and now with the imposing physique of Meva Gill, the association
was not so far-fetched.
The third prisoner witness was Jimmy Whitmore. Mr. Whitmore was serving
a life sentence for murder. He too had the narrow waist and the upper
body contours of a weightlifter, and as he crossed the courtroom to the
witness box, his musculature and attitude were highlighted by the distinctive
swagger developed in maximum and some medium security prisons. The prisoners
testifying at this trial were in leg irons, which had the effect of accentuating
the prison walk. Mr. Whitmore was also wearing large black sunglasses,
which increased the intimidation factor by several notches. The intensity
of his physical presence was further charged by his very soft speaking
voice, which required the judge on several occasions to ask him to speak
louder. Page 2 of 10
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