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ALLAN J. LEGERE Before Honourable Mr

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ALLAN J. LEGERE Before Honourable Mr VOLUME II 7?LEe/tj IN THE COURT OF QUEEN'S BENCH OF NEW BRUNSWICK TRIAL DIVISION JUDICIAL DISTRICT OF FREDERICTON ( BETWEEN: HER MAJESTY THE QUEEN - and - ALLAN J. LEGERE VOIR DIRE held before Honourable Mr. Justice David M. Dickson at Burton, New Brunswick, on the 24th day of April, 1991, commencing at 9:30 a.m. APPEARANCES: Anthony Allman, Esq., ) Graham J. Sleeth, Esq., and) for the Crown. John Walsh, Esq., ) Weldon Furlotte, Esq., and) for the Accused. Michael A. A. Ryan, Esq., ) ~ VERNA PETERSON { COURT REPORTER Copyright 1991, Department of Justice, Province of New Brunswick ---- I ( (COURT RESUMES AT 9:30 a.m., APRIL 24, 1991.) .! (ACCUSED IN DOCK.) : THE COURT: This is a continuation of the voir dire hearing! j I i and all persons are present who should be present. ! Now, Mr. Sleeth, you had finished with the witness, 5 i1 Corporal Vesey, I believe, and the next witness was - JI well, you have another witness. i MR. SLEETH: I do, My Lord, but before that Mr. Walsh wishe~ to address the Court on a matter, My Lord. '0 THE COURT: All right. MR. WALSH: My Lord, if you would permit, if I could just address the Court very briefly, late yesterday you had indicated a time schedule with respect to the DNA voir dire, and I would like to point to the Court! 15 that we are complying with your order of yesterday. I Last night I was able to contact a number of my I The one witnesses and to re-arrange sCheduling. I problem that I have right at the present time, My Lord, is that as I indicated previously Dr. Kidd is 20 scheduled to testify on May 6th. If he's to remain -. ;.. if he was to remain in that particular scheduling spot it would cause the Crown problems inasmuch as I Dr. Kidd would be in essence parachuted in in a part! i of the voir dire ahead of some of the evidence that h~ 25 I would be asked to comment on. What I would ask the. -r Court's permission, if you would, if I could make thel ! following recommendation, instead of having Dr. Kidd ! in the May 6th time slot, and I haven't been able to I get a hold of him but I have his schedule, would I bel ;J I permitted to attempt to arrange to have Dr. Kidd testify on the 23rd and 24th of May? I understand from Mr. Furlotte that would be agreeable to him. ,- '°" ,4.... - 2 - With Dr. Shields, if Dr. Shields was to testify the : I 27th of May that would allow us to in essence for I the Crown to call its four witnesses on the DNA in the time frame that the Court has indicated, then we'd have the adjournment as indicated, then we woul~ 5 come back on the 23rd and the 24th for Dr. Kidd's testimony, and then lead into the 27th with Dr. Shields' testimony. Now, I'm hoping, if the Court would permit me to make that inquiry of Dr. Kidd, if 1 I can re-arrange the schedule to come in on the 23rd i 10 and 24th I would ask the Court's permission to do so.i It may be that later this morning I'll find out that! I he can't do it and if that's the case, then I'll hav~ to stay with the May 6th deadline as ordered and makJ arrangements accordingly. That's the request I WOUldl 15 make of the Court. I I THE COURT: Did you, Mr. Furlotte, have any further word on Dr. Shields? You haven't been in touch with him since - I MR. FURLOTTE: No, My Lord, I haven't been in touch with himl. 20 .! THE COURT: Well, Mr. Furlotte, you would have no disagreeme~ with this arrangement, I gather? The only - MR. FURLOTTE: Well, My Lord, I think the Crown, like the i defence, should have every opportunity to present i tSI 1 25 case as best it can. ! THE COURT: When are you going to be able to confirm that? MR. WALSH: One of the police officers is going to make a call. If I have your permission I'm going to ask Dr. Kidd in the next little while, if I can get a , ! I /. :0. hold of his office I'll know probably by noon t~me. hopefully by noon tim~. or by the end of the ~ay. THE COURT: Yes. Well, it would be desirable for you to ".30251&.851 . - 3 - . i , have an answer on that before Mr. furlotte gets in i I touch with his man? j WALSH: That's correct. I MR. I THE COURT: Because if you want to do that I have no ~ objections to that being done. It gives the defence more time to prepare. MR. WALSH: My main concern is that Dr. Kidd is now slotted in a place that is out of order in terms of the evidence that he'd be asked to comment on. 10 THE COURT: I realize that, as I mentioned to you yesterday,! but I thought you might be able to shove him on to I the 8th or the 9th or something. I ! MR. WALSH: He' 5 to be in a place called Cold Spring tJarbouri' t : it's apparently a very important meeting. He had 15 been scheduled to fly in here on the 5th, he was I prepared to stay the 6th, the 7th, and fly out at I noon time on the 8th, and then he's ~ the 8th, 9th and 10th and I believe the 11th he's in Cold Spring Harbour on a very important - I understand it's a 20 i very important meeting. That's the problem I'm faced: with, My Lord. THE COURT: Yes. Well, you get back to me and tnen we'll talk to Mr. Furlotte about his sCheduling there, but; as I say, I'm - well, I indicated yesterday that I'm! 25 ! rather determined to have this voir dire .spect I i concluded by the end of Mayas far as the hearings go~ MR. WALSH: Yes. Thank you, My Lord. THE COURT: Thank you very much. If somebody gets him on 3:1 the telephone and you're required to go straightaway to answer - are you going to rush out and speak to him on the telephone, I gather, are you? ;zs.. ." - 4 - Cst. ~acPhee - Direct (Voir Direl MR. WALSH: If I'm not - . i Well, you have my permission if you're not : THE COURT: i engaged here. Well, now, you're going to - somebody' I is going to call another witness? Mr. S 1 e e t h, is it?1 SLEETH: Yes, My Lord, Constable MacPhee. 51 MR. I I CONSTABLE KENNETH G. MacPHEE, called as a witness, being duly sworn, testified as follows: DIRECT EXAMINATIONBY MR. SLEETH: Q. Constable MacPhee, would you please state your full 10 name for the Court? I ! A. Yes, my name is Kenneth George MacPhee. I'm a peace officer and a constable in the Royal Canadian Mounte Police. I've been so employed since the 5th day of October, 1976. I've been posted at Sackville 15 Detachment, Westmorland County, New Brunswick, since the first day of May, 1986. Q. O.K., and do you know a person by the name of Allan Legere? A. Yes, I do. 20 Q. The person you know by that name, is he present in this court room today and if so, where, please? A. Yes, he is. He's sitting in the prisoner's dock between two R.C.M.P. constables wearing a light brown!, I shirt with a white colour and glasses. I 25 Q. O.K. I Constable, touching on the matter presently i i before this Court could you please describe the ;, i circumstances under which you came to be in contact with this individual whom you've just identified I j ;° 1 beginning with the date and the time? A- 1 Yes, in the month of November, 1989, I was seconded I from the Sackville Detachment to the Newcastle ,-. 302514.051 - 5 - Cst. MacPhee - Direct -, (Voir Dire; Detachment to patrol the Newcastle-Chatham area. : I , Q. Why was that? i I A. Pardon? I ! Q. Why? Why would you be seconded? I i : A. Mr. Legere was unlawfully at large from an escape in I , 5 I I ! May of 1989. I was assigned to patrol the area in a i pro-active patrol job. In the event that any J , sightings were reported we would investigate the iI sightings as well. We would be representative of I I a police presence in the area at the time. The locali 10 people were quite nervous at that time. Q. O.K., what was happening? A. There was various sightings. Between May and the time I went there there had been four murders 15 committed in that area. Q. And to the R.C.M.P. at that time who was the major suspect? A. To my knowledge at that time the major suspect was Allan Legere. 20 Q. And what had he escaped from prison for, or,from custody for? A. He was in prison for murder. I Q. Now, at a certain point you did, as I understand it,' come in contact with this individual? ! . 25 A. Yes. I Q. What date and time, please? 1 ! A. I was assigned to Corporal Vesey, we were patrolling! together.
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