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Proceedings Taken in the Court of Queen's Bench, Saskatoon

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Proceedings Taken in the Court of Queen's Bench, Saskatoon E-File Name: 2018-01-29OCQStanleyG Appeal No.: ____________ IN THE COURT OF QUEEN’S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE OF BATTLEFORD BETWEEN HER MAJESTY THE QUEEN and GERALD STANLEY Accused TRIAL Volume 3 (Pages T401 - T600) January 29, 30, 31, 2018 February 1, 2, 5, 6, 8, and 9, 2018 Battleford, Saskatchewan Royal Reporting Services Ltd. 300 - 2010 - 11th Avenue Regina, Saskatchewan S4P 0J3 Phone: 306-352-3234 Fax: 306-757-7788 T401 1 Proceedings taken in the Court of Queen’s Bench, Battleford, Saskatchewan 2 3 4 February 1, 2018 Morning Session 5 6 The Honourable Chief Justice The Court of Queen’s Bench 7 M. Popescul for Saskatchewan 8 9 W. Burge, QC For the Crown 10 C. Browne For the Crown 11 S. Spencer For the Accused 12 D. Gillanders For the Accused 13 K. Christopherson Court Clerk 14 15 16 BELINDA JACKSON, Sworn, Examined by Mr. Burge 17 18 Q MR. BURGE: Okay. Tell us about -- tell us what 19 happened on the way back to the reserve. 20 A Well, as we were driving, like, Cassidy was -- wasn’t driving the way he was 21 supposed to be. He was driving reckless. So as he was driving, like -- like, we 22 swerved. Like -- like, I don’t know. Like, we -- we swerved off the road a little 23 bit, and it caused our tire to pop off the rim. So we were riding on the rim for 24 quite some time, I believe. 25 26 Q Okay. And did you stop and discuss this? 27 A Yeah. We ended up stopping, pulling over, because I was upset and I wanted to 28 get out of the vehicle. And I started walking -- walking down the road. And 29 Eric came running after me, and he -- he brought me back to the vehicle. And I 30 was getting mad. I was getting mad. I wanted him to drive. 31 32 Q Eric? 33 A Yeah. 34 35 Q Why? 36 A Because I didn’t want Cassidy to drive anymore. 37 38 Q Because of the way -- the recklessness that you saw? 39 A Because of the way he was driving. 40 41 Q Okay. T402 1 A It’s, like, every time, like, we were talking, like, he was looking back, talking 2 to us, and, like, he just didn’t care. 3 4 Q So you wanted Eric to drive. And did Eric drive? 5 A No. 6 7 Q So what happened? 8 A We just continued driving until -- until we ended up on the farm. 9 10 Q How many farms did you stop in that afternoon? 11 A I only recall one. 12 13 Q So after you got back in the vehicle -- and who was the driver when you got 14 back in? 15 A Cassidy. 16 17 Q Where were you seated? 18 A In the back. In the middle. 19 20 Q In the middle? And who -- who else was in the back with you? 21 A Kiora and Eric. 22 23 Q And where was Colten? 24 A In the front passenger. 25 26 Q How were you feeling as a result of the alcohol that you had consumed that 27 day? 28 A How was I feeling? 29 30 Q Yeah, how was it making you feel? 31 A Well, I was tired from swimming and drinking during the day. 32 33 Q Pardon me? 34 A I was tired. 35 36 Q Yes. Well, I just couldn’t hear you. Because of the drinking? 37 A Yeah, and from swimming and drinking during the day, yeah. 38 39 Q Okay. I’ll ask you, then, when you got back in the vehicle and started driving 40 again, did you -- did you stay awake? Were -- do you know? 41 A No, I think I might have fell asleep. T403 1 2 Q What’s the next thing that you remember? 3 A Pulling into the farm. 4 5 Q Okay. Please -- please tell me in as much detail as you can remember what 6 happened. 7 A I remember driving into the farm, and I remember seeing somebody on the 8 right side of me, mowing their lawn. And then I just remember being in the 9 back of the seat, and for some reason I kept trying to look for my phone. 10 11 Q Okay. Where was your phone? 12 A I had left it at Cassidy’s house that day I went to go get swimming trunks. 13 14 Q Okay. And you were -- 15 A Kiora’s house. 16 17 Q -- looking for the phone when you pulled into this farm? 18 A Pardon me? 19 20 Q Were you looking for the phone when you pulled into the farm? 21 A Well, I remember pulling into the farm, and I remember, like, just being in the 22 back of the vehicle for a while, and I didn’t know, really, what was going on. 23 So I started -- I don’t know, just looking for my phone. In the way back. 24 25 Q Okay. Where were you looking for your phone? 26 A In the way back. 27 28 Q You said you’d pulled into the farm? 29 A Yeah. 30 31 Q And you started looking for your phone? Is that a “yes”? 32 A Yes. 33 34 Q Where were you looking for your phone? 35 A In the way back. 36 37 Q I -- 38 A Like, in the back of the vehicle. 39 40 Q Oh. 41 A Like, the SUV. T404 1 2 Q Okay. So behind the back seat? 3 A Yes. 4 5 Q So did you have to do something to look in that area of the vehicle? 6 A What do you mean by that? 7 8 Q Well, I take it you were seated in the back seat. 9 A Yeah. 10 11 Q And what -- did you have to do something to allow yourself -- 12 A I just -- I just reached over to grab and look around, because I -- I brought a 13 purse with me. 14 15 Q Okay. 16 A And I -- like, halfway realized, and I -- not even my purse was in there, and my 17 phone was inside my purse. 18 19 Q Okay. So you -- you were seated in the back seat, and did you turn and look or 20 just reach with your arm? 21 A I turned and looked. 22 23 Q Okay. So please continue and tell us what happened. 24 A I don’t really much -- I don’t remember much after being there. I just 25 remember up to the incident, like, where -- where Colten was shot -- when 26 Colten was shot. 27 28 Q Okay. You remember looking for your phone? 29 A Yeah. 30 31 Q And that’s when you -- you’ve already turned into the farmyard? 32 A Yeah. 33 34 Q And you wanted to do something with your phone? 35 A Yeah. Like, I knew something was wrong. 36 37 Q Pardon me? 38 A Like, I knew -- like, I felt like something was wrong just being there. 39 40 Q What made you think something was wrong? 41 A Well, when somebody smashed the windshield. T405 1 2 Q Okay. Do you remember somebody smashing the windshield? 3 A Yeah. 4 5 Q Do you remember anything else happening after you turned into that farm and 6 before the windshield was smashed? 7 A Just other than looking for my phone. 8 9 Q Okay. Was there any discussion in the car before the windshield was smashed? 10 A No. 11 12 Q Did anyone -- okay. Before -- before the windshield was smashed, were you 13 still in the middle of the back seat? 14 A Yes. 15 16 Q And who else was in the -- were the people in the back seat still there with 17 you? 18 A Before the windshield got smashed? 19 20 Q Yeah. 21 A Yeah. 22 23 Q Did anybody ever get out of the vehicle? 24 A No, just -- only after. 25 26 Q And before the windshield got smashed, who was driving? 27 A Cassidy. 28 29 Q And where was Colten? 30 A In the front seat. 31 32 Q Do you know how much time would have gone past between when you were 33 looking for your phone and when the windshield got smashed? 34 A No. 35 36 Q Were you awake and alert the whole time? 37 A I wouldn’t say I was alert, aware of everything that was going on, but there are 38 some parts that I do remember. 39 40 Q Okay. Tell us about the next thing you remember. 41 A Well, when he -- somebody smashed the windshield, Cassidy and Eric got out T406 1 of the vehicle, and they started running. 2 3 Q How quickly after the windshield was smashed did Cassidy and Eric get out 4 and run? 5 A Almost quickly. 6 7 Q Pardon me? 8 A Like, almost quickly. 9 10 Q Did anything else happen before Cassidy and Eric got out and ran? 11 A Not that I recall. 12 13 Q When Cassidy and Eric got out and ran, who was left in the vehicle and where 14 were those people? 15 A I was in the back seat in the middle. Kiora was in the back seat of Colten.
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