VOLUME XII IN THE COURT OF QUEEN'S BENCH OF NEW BR\JNSWICK TRIAL DIVISION { JUDICIAL DISTRICT OF FREDERICTON \, BETWEEN: HER MAJESTY THE QUEEN - and - ALLAN JOSEPH LEGERE TRIAL held before Honourable Mr. Justice David M. Dickson and a Petit Jury at Burton, New Brunswick, commencing on the 26th day of August, A. D. 1991, at 10:00 in the forenoon. APPEARANCES: Graham J. Sleeth, Esq., Anthony Allman, Esq., and fO.r the Crown. John J. Walsh, Esq., .Weldon . J. Furlotte, . .. Esq., for............... the Accused. VOLUMEXII - Pages 3,101 to 3,446 incl. October 2, 3, and 4, 1991. MARCIA McLELLAN COURT STENOGRAPHER copyright 1992, Department of Justice, Province of New Brunswick. (Continuation of trial - October 2, 1991) 1 COURT RESUMES - 9:45 a.m. - (Accused present.) 3101 MR. LEGERE: Your Honour, I have some concerns about the high frequency wires in my cell, about privacy. I just wonder if you could look into it. I told Mr. Furlotte about it. 5 MR. FURLOTTE: Mr. Legere is concerned about all the telecommunication wires from here into his cell and whether or not amongst that they'd be able to listen to our conversations while we are in there discussing the case. As I told Mr. Legere, as a defence lawyer, 10 I suppose I am suspicious at any time I am interviewin~ any of my clients in federal institutions or in county gaols as to whether or not the facilities may be bugged and we have to take precautions in every case. The reasons we may be suspicious - I don't 15 know what could be done about it. I mean if you remove the wires, I am still going to be suspicious so as I told Mr. Legere there is nothing you can do to remove my suspicions because - particularly in this case there is -- 20 THE COURT: You can be suspicious whether there are wires there or not. MR. FURLOTTE: That's correct and that's what I told Mr. Legere - that is why I told Mr. Legere I did not intend to raise the issue with the Court. 25 MR. LEGERE: They were hooked up two weeks before and I was kicked out of the Court. MR. FURLOTTE: I can understand Mr. Legere being suspiciou also because I have been suspicious throughout my career for one reason or another. 30 That's something that I don't know how any defence lawyer or accused can get around. '53°" '4/"5' 2 3102 THE COURT: I can explain very easily the fact that they may have been rigged up a couple of weeks before the Court started. They were rigged up as a matter of fact before the voir dire started back in April. They were 5 rigged up because on December 5th at Newcastle the accused had suggested that his conduct might be such during the trial it would be necessary to use that sort of thing. I ordered the wires and the facility installed. That is the explanation on i~ I was 10 hoping it might never have to be used. All I can say is I will look at it. I will check with the police officers or the sheriff officers who are responsible for installing that equipment. There is no indication that I have or any reason I have to believe they are 15 being used for any purpose other than monitoring purposes here in the courtroom. Now could we have the jury? MR. ALLMAN: Before we do, My Lord, you mentioned yesterday! that you wanted at some point in time - sorry ~ at ] 20 some point today to discuss the status of Sergeant poissonnier, if I could do that now. THE COURT: Let's do it a little later. The jury has been waiting and I think we should get started. MR. ALLMAN: Fine. Whenever Your Lordship indicates, I am 25 am ready to do it. THE COURT: We will do that perhaps at the recess or some time. On this last point, I will look into this and I will make some further comment on it later today or sometime soon. 30 453M5.':8" 3 3103 (Jury called. All present.) THE COURT: You have another witness, Mr. Sleeth? MR. SLEETH: Yes, My Lord. Yesterday we called Mr. Gomke and Mrs. Mercer and I indicated at the time to the 5 Court that the next in sequence would be a Mr. Golding, the truck driver. He was not available at that time. As' a result we have skipped briefly to Corporal Barter, who testified late in the afternoon. I would now like go back briefly then to Mr. Golding who is now 10 available. He falls in sequence from Constable Mercer. I call Brian Golding. MR. BRIAN GOLDING, called as a witness, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. SLEETH: 15. Q. Mr. Golding, would you please state your full name for the jurors? A. It's Brian Leslie Golding. Q. And your occupation please? A. I'm a truck driver. 20 I Q. And in 1989 your occupation was? A. I was a truck driver. Q. I am going to take you back to November of '89. You were at that time involved in an incident which I know you wish to relate to the jurors. Would you please 25 commence with the date on which these incidents arose and the place? A. Okay, it was the morning of Friday, November 24, 1989. I was on my way from Montreal to Halifax and I stopped in Sussex briefly just to -- I was going to clean my 30 windshield because there was a snowstorm at the time. .0 202~ 4t8~; 4 Brian Golding - direct 3104 So I pulled into the Irving Station in Sussex and I got out and I went over to the fuel pumps to get a squeegee and as I was going over I noted a gentleman fueling a car at the pumps but that's all I noticed at 5 the time. I went back to clean my windows and as I was doing that the car that had been getting the gas it took off out of the station - you know - like quite I quickly. Like enough that you would notice it. It was I leaving in a big hurry. And the fellow that had 10 --putting the gas in was chasing it on foot. So as I was watching this he chased the car. to the road and they turned. back and started heading back towards me and the truck. So I stepped down off the truck and as he approached he said, "Come on let's get out of 15 here." And I looked down and there was a gun pointed at me. And I kind of hesitated for a second because I wasn't sure what was going on. And he, you know, he gave me a little push and said, "Come on let's get out of here right now." So we went back around to the 20 driver's side of the truck. and he got me to go in first. So I got in and I went across the driver's seat and sat down in the passenger's seat and he got in the driver's seat and asked me to change places with him. And I was going really slow and he was 25 saying, "Come on - come on let's go. We've got to get out of here." And there was another truck approaching the yard and as he seen it coming he said, "I want you to leave pefore that truck parks." 30 So I got myself together and put the truck in gear and asked him which way he wanted me to head. He said, <s:m', ;/.%1 5 Brian Golding - direct 3105 "Head towards Moncton." So I went back out towards the highway and I headed up the eastbound on-ramp towards Moncton. I was starting away and he kept telling me to go faster, "go faster" and you know I was carrying 5 a fairly heavy load and the roads were icy and I was doing my best to get the truck going. I guess it wasn't quick enough because finally at one point he reached over with his foot and he put it down over top of mine on the fuel pedal and he said, "You know I 10 know this truck can go faster than this." At that point you know I was quite scared and the way it came out was I started yelling at him. I said, "You know if you want me to drive the truck you know you have to leave me alone and let me drive it and you know I 15 wish you'd stop pointing the gun at me." And he said he had to point the gun at me but as long as I did what he said he - you know - I wouldn't get hurt. So we started up the highway and we went a little ways and he proceeded to introduce himself as Allan Legere. 20 And he said to me, he said, "I'm the one that's the suspect in three or four murders that happened in the Miramichi. " And I want to say here at ~- I didn't believe him. I didn't quite seriously believe that he was who he said he ,was because his appearance at 25 that time was different than what I had been used to seeing in the papers. You know I was used to seeing a different person and he didn't really look the same.