Mr. Tremblay was asked by Defence counsel whether he knew if Mr. Allen
was armed at the time he spoke to him in the courtyard. Mr. Tremblay testified
that Mr. Allen had showed him a small butter knife, taken from the staff
dining room, which had been sharpened and mounted in a handle. Mr. Tremblay
recounted his efforts to dissuade Mr. Allen from doing this: "We have
other enemies to deal with who are young, strong and healthy." In the
course of this discussion, Dale Curran came over and told Mr. Tremblay
that he should let Mr. Allen deal with this in his own way. Since it was
now clear that Mr. Allen would not back away, it was suggested that "to
do the job" he would need a bigger knife than the one he had. Mr. Tremblay
testified that at this point he asked Ralph Moore, who had joined the
conversation, to go get "the chopper." The chopper was a twelve-inch blade
from a heavy-duty paper cutter, sharpened and stashed in the prison grounds.
Mr. Allen then handed over the small knife he had, and Mr. Tremblay and
Mr. Moore went into C unit. While they were there, the confrontation between
Mr. Allen and Mr. MacDonald took place. The doors to the courtyard were
locked, and Mr. Tremblay was trapped inside and did not see the fight.
Mr. Tremblay was asked for his reaction when he found out that Mr. Allen
had been stabbed and was on his way to hospital.
I was shocked. No one could convince me that that
guy could kill Gary Allen. Gary Allen was a good fighter, he always trained
and he was good with his legs and he was very strong. I didn't believe
that a fifty-two-year-old guy with a pot [belly] could do that. But for
me and most of the guys I know, even with two or three shanks, we couldn't
win a fight with Gary Allen. I was also disappointed. I hoped he would
win. He was my friend.
Under cross-examination Mr. Tremblay was taken through his long record,
and Mr. Crown counsel made much of the fact that his record included three
charges of conspiracy to commit various crimes. The Mr. Crown's theory
was that, just as Mr. Tremblay had conspired with others to commit criminal
offences, so had he conspired with the prisoners who were testifying to
concoct a common story in order to help Mr. MacDonald. Mr. Tremblay's
response revealed the enormous gulf between the reality of a Crown counsel
and that of Jean-Louis Tremblay.
Q: This conspiracy, what was that a conspiracy to
A: To rob banks. I have robbed banks since I was fourteen. That's what
I do. I rob banks. I have conspirated all my life. I have planned to do
crime all of my life.
Q: You mean that's your job?
A: Yes, that's my job.
As to the specific suggestion that he was in court to do Mr. MacDonald
a favour, in the expectation of receiving a favour in return, Mr. Tremblay
I don't need any favours from that guy. I spend my
whole life in jail. I have been in the toughest and most dangerous penitentiaries
in the country. I have seen all that there is to see. I do not need to
do this to get favours. I have my own club. I have my own people. I have
nothing to prove to no one. To come here and lie to help Hughie MacDonald
will not help me. No one is going to say Mr. Tremblay came to court and
lied and that he's a good guy. It would do nothing to increase my reputation
as a tough guy. I don't need to be here. I hate courts. If I had my way
this morning I would be in Kent smoking a spliff and taking it easy. I
would not be here.
Mr. Tremblay also threw off the suggestion that he had an interest in
helping Mr. MacDonald. "That man killed my friend. That day he was supposed
to die." Crown counsel also put to Mr. Tremblay the standard suggestion
that if Mr. Allen had survived and Mr. MacDonald had died, Mr. Tremblay
would not have come to court to testify. His response was immediate:
If Gary Allen were here I would not have to give
evidence. He would say to the judge, "Your Honour I killed MacDonald.
I did it in front of everybody. Give me the life sentence. I don't care."
Jean-Louis Tremblay's testimony vividly described what life is reduced
to in a maximum security penitentiary in the 1990s.
I have to survive in jail. Every day you wake up
you don't know whether you will go to sleep that night. All my life is
Ralph Moore followed Jean-Louis Tremblay on the witness stand. Mr. Moore
also wore the black colours of "Murder Incorporated," but he was a little
more discreet: the logo was on the back of his T-shirt. His evidence broadly
followed the contours of Mr. Tremblay's, although he made a particular
point of emphasizing the nature of his activities as representing "his
people." Shawn Preddy, in the course of his evidence, had said that Kent
was a "cliquey kind of place." Mr. Moore began his evidence by making
it clear that his clique was among the most powerful in terms of influence
in the institution. Mr. Moore also made it clear that he had regarded
Gary Allen as a friend and that he and his people stood behind Mr. Allen.
He described how he had learned through the committee that Mr. Allen intended
to kill Hughie MacDonald and had made arrangements for a knife to be ready
for Mr. Allen when he was released to the population. Like Mr. Tremblay,
he was surprised when Mr. Allen was released so early. He met with Mr.
Allen in the courtyard that morning, trying to persuade him to take his
revenge against Mr. Macdonald in a place secluded from official view.
While they were talking, Mr. Moore saw Mr. MacDonald leave the dining
room and go into D unit. Mr. Moore told Mr. Allen that he should go into
D unit and deal with Mr. MacDonald there. But Mr. Allen wanted to get
more heroin first. While they were talking Dale Curran came over with
a chain wrapped around his neck and under his parka and offered it to
Mr. Allen. Mr. Allen declined and showed the group the knife he had. They
all agreed it was not big enough for the job at hand. Mr. Tremblay told
Mr. Moore to go and get the big blade, and the small knife was passed
to Mr. Curran, who placed it in his pants. Mr. Moore said that he again
suggested to Mr. Allen that, if he was committed to this course of action,
he should do it in D unit. Mr. Allen remained adamant that he was going
to do it in the courtyard, and Mr. Curran at this point told the others
to back off. Mr. Moore then went back into C unit, got the heroin and
put it in a condom. He retrieved the big blade and put his weight belt
on. As he was preparing to go back into the courtyard the doors started
to close and he, like Mr. Tremblay, missed the "play."
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