Mr. Curran was asked by Defence counsel John Conroy to come out of the
witness box to demonstrate the way in which Gary Allen had sucker-punched
Hughie MacDonald. Mr. Curran left the witness box and the two sheriffs
who had been sitting next to him quickly got to their feet. He stretched
out his hand, then withdrew it and rapidly completed a right hook. Still
standing up, out of the witness box, Mr. Curran continued with his description
of how Mr. Allen had grabbed Mr. MacDonald's wrists. Turning to one of
the sheriffs as if to demonstrate, he reached for the sheriff's wrists.
The sheriff, a much bigger man than Mr. Curran, recoiled; Mr. Curran stopped
and returned to the witness box. The sheriff was visibly shaken and remained
so for the rest of the afternoon. Recalling Gary Allen's words, I thought
that it was as if Dale Curran sent a powerful electrical charge through
the sheriff without even touching him.
In his cross-examination, Crown counsel Jack Gibson asked each of the
prisoners in turn a series of questions designed to establish that there
was a rigid convicts' code, two of its rules being that you never informed
on another prisoner and that when you did a favour you expected a favour
in return. In relation to the first rule, it was put to the prisoners
that if Gary Allen had survived the attack, they would not have come forward
in a courtroom to testify regarding his muscling and other outlaw activities.
In relation to the second rule, Mr. Gibson suggested the prisoners had
an interest in saying whatever was necessary to get Hughie MacDonald acquitted,
because then he would be indebted to them, and they could expect something
in return. All of the prisoners rejected these suggestions. Shawn Preddy
admitted that if Mr. Allen killed Mr. MacDonald but was still alive himself,
Mr. Preddy would not have given evidence pointing the finger at Mr. Allen.
If Mr. Allen had survived the attack by Mr. MacDonald and Mr. MacDonald
was on trial for attempted murder, Mr. Preddy admitted that would be a
dilemma for him; however, he thought he would have given the same evidence.
Shawn Preddy thus drew a distinction between providing information to
the authorities that could be used to convict a prisoner and giving evidence
that could exonerate a prisoner.
When the same questions were put to Dale Curran, he questioned the whole
concept of a convict code. "You think there's a convict code? Let me give
you a reality check. The code you've got in your mind is a hypothetical
one. It's a theory of the way we're supposed to act. There are no rules
when you are sitting in a maximum security institution. It's chaos." As
if to emphasize his point, Dale Curran was wearing a T-shirt designed
by Ralph Moore that bore the initials C.A.O.S.: "Convicts against Oppressed
Society."
By the time Mr. Curran was finished giving his evidence, it was 3:30
p.m. on Friday afternoon. It had been a long week for the jury. What they
had learned about life in a Canadian prison was far removed from the experiences
they shared as law-abiding citizens of British Columbia's Fraser Valley.
In addition to the evidence of what happened in the courtyard at Kent,
they had also heard about Mexican stand-offs in the gymnasium in which
armed camps of prisoners stared each other down. They themselves had come
face to face with the prisoners involved in these events, with men who
carried the physical and psychological freight of maximum security with
them into the witness box -- not simply the tattoos and the bulging muscles
but the attitude, the uncompromising look of the Big House. At a time
when the jury was likely thinking of the weekend ahead and returning to
the peaceful rhythms of their own lives, they were to hear the evidence
of a prisoner who would leave them with no reasonable doubt that violence
in prison has its own distinctive beat.
In the half-hour remaining, one more prisoner, Darryl Bates, gave evidence
for the Defence. Mr. Bates was taken through his criminal record and was
asked to describe, in particular, the circumstances leading to his latest
conviction for unlawful confinement arising out of a hostage-taking at
Surrey Pre-trial Centre. The Crown, as part of its case, had earlier called
the nurse from Surrey Pre-trial who had been taken hostage by Darryl Bates
to give evidence that Gary Allen had been influential in persuading Mr.
Bates to release her unharmed. In this way, the Crown meant to demonstrate
that the evidence given by Defence witnesses, which depicted Gary Allen's
character as that of a psychopathic aggressor, was one concocted to secure
Hughie MacDonald's acquittal. The Defence had called Mr. Bates' evidence,
in part, to rebut the suggestion that Allen had been instrumental in bringing
the hostage-taking to a peaceable end. Defence counsel anticipated that
Mr. Bates' evidence would be relatively brief. However, as Mr. Bates explained
what led to the hostage-taking, he began to relive each moment for the
jury, his breathless images filling the courtroom: a desperate addict
in withdrawal seizing a nurse and demanding drugs in return for her release.
Mr. Bates described Gary Allen as a friend who had helped him negotiate
with the authorities but said he had made his own decision to release
the nurse unharmed.
Darryl Bates continued his evidence on Monday morning. He described
Gary Allen as "no one to mess with." Regarding the events of February
22, 1994, Mr. Bates testified he had seen Mr. Allen that morning, following
his release from segregation. Mr. Allen told Mr. Bates that he had a couple
of beefs to deal with, one with Shawn Preddy and a more immediate one
with Hughie MacDonald. Mr. Bates said that Mr. Allen appeared to be in
withdrawal and asked Mr. Bates for drugs. Mr. Bates got him some heroin
and "fixed" him. Even though Mr. Bates was on Mr. Allen's side in any
beef, Mr. Bates said that he went to Mr. MacDonald and advised him, "You
better watch your back because he's going to come for you."
The next witness, Walter Sinclair, was the only Aboriginal prisoner
to give evidence in the trial. Like Mr. MacDonald, Mr. Sinclair was serving
a life sentence for the murder of two prison guards. Mr. Sinclair said
he had heard from other prisoners that Gary Allen was intent on killing
Hughie MacDonald as soon as he came out of the hole. Because Mr. Sinclair
had done time with Mr. MacDonald in the Special Handling Unit, he said
he felt obliged to warn Mr. MacDonald that Mr. Allen was in the population
and was going to kill him. Page 5 of 10
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