VOLUME VI IN THE COURT OF QUEEN' S BENCH OF NEW BRUNSWICK TRIAL DIVISION JUDICIAL DISTRICT OF FREDERICTON BETWEEN: HER MAJESTY THE QUEEN - - and ALLANJOSEPH 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 for the Crown. John J. Walsh, Esq., . W.el.do.n .J.. F.ur.lo.tte.,. Esq., f.o..r...t.h.e...A.c..c.used. - VOLUME VI Pages 1,398 to 1,688 incl. September 12 & 13, 1991. MARCIA McLELLAN COURT STENOGRAPHER Copyright 1992, Department of Justice, Province of New Brunswick. 3 r <J'8 1 R. v. Legere - September 12, 1991, 9:30 A.M. COURT RESUMES - (Accused present.) MR. ALLMAN: My Lord, just before the Jury comes in, there is one brief matter. I wanted to give to Your Lordship copies of the photographs that we propose to put in evidence of the autopsy of Linda Daughney, 5 Donna Daughney, and of James Smith. I spoke to Mr. Furlotte awhile ago about this. He indicated he thought he would probably have no objection to the photographs, but we thought it was appropriate in any event and whatever Mr. Furlotte's 10 position might be to submit them to you for your chance to view them and perhaps it is an appropriate time to give us your ruling on them. There is one picture that is shown in the Linda Daughney autopsy, photograph number 6. It is in 15 there, but we are going to remove it from our own volition. We decided we don't really need that. That is a photograph of internal organs. We are going to remove that. Donna Daughney, we are going to ask 20 that all of them go in. The reason we are giving you all of them at this time, My Lord, is because we feel there are significant similarities, I think the expression that was used was a signature in respect to the injuries, to all the facial injuries to all 25 these victims which we feel that it is necessary for the jury to see. A witness can say the injuries were We feel similar, but similar is a very vague word. they should actually see the similarities. THE COURT: For instance in the -- well you will be 30 tendering at some early stage, I presume, the Daughney phographs. 45-3025 (4/B5) 2 1399 MR. ALLMAN: The reason why we are doing it now is this. We will be coming quite possibly to tendering the Daughney autopsy photographs today. They are linked, for the reason I explained, with the Smith photographs 5 and that's why we gave you the entire package. THE COURT: When will you first be referring to these photographs? MR. ALLMAN: When we come to the -- My Lord, the number is 81, Leo Roy, but in fact we are going to make a move 10 and he is going to come in as number 73, between Basil Blanchard, who has all ready given evidence, and Brandt Adams. What we are going to do this morning we are going tq be calling number 66, 67, 68, 69, 70, 71. 66 through to 71. Then Dr. Blanchard 15 who is all ready dealt with. Then we are going to insert Leo Roy, who is number 63, then Brandt Adams, and so on. So the pictures come in after Ernest MacLean and before Brandt Adams. So that is sometime this morning probably. 20 THE COURT: Yes. Well, you can think about that Mr. Furlotte during recess. MR. FURLOTTE: Yes, My Lord. THE COURT: Well, now we will have the Jury in. MR. FURLOTTE: My Lord, maybe before the Jury comes in. 25 THE COURT: Just hold them for a moment, please. MR. FURLOTTE: My Lord, again it has been brought to my attention by Mr. Legere that he was watching T.V. last night on the evening news and at 11:00 P.M. on A.T.V. Jeff Britt wasanouncing news and got a report 30 from one of the Court Reporters I guess. And they 45-3025 )4/85) 3 1400 described that given into evidence yesterday were amongst the book of photographs, 79 photographs, there was -- described photos depicting charred bodies of both Linda and Donna Daughney giving graphic photos 5 of the bodies which were not in the book of photographs put into evidence yesterday and there are no such photographs that are going to be put into evidence today or at any time during this trial. And, again, it is just a clear misunderstanding or somehow the press 10 is anticipating the evidence that is going to be I don't going into court before it actually goes. I know where they are getting their information. don't know whether it is just misinterpretation here in court or they are getting their information from 15 But somebody off the street, from God knows who. they are attempting at least to broadcast evidence that is going in before it actually goes in and unfortunately evidence which is not even going to go in. Again, I can't help but emphasize again the Jury 20 ought to be cautioned. Again, I voice my objection that the Jury should be instructed in my opinion not to listen to news broadcasts because as stated earlier this is going to be a long trial and at the end of the trial they are 25 not going to be able to depict what they heard in court and what they heard on the news. THE COURT: Thank you very much, Mr. Furlotte. I think, as a matter of fact, I may have seen the broadcast last night that you are talking about. I didn't see 30 it at 11:30; I saw it after the baseball game and the hockey game. 45-3025 {4/B51 4 1401 MR. FURLOTTE: -- 12:00 o'clock and they left that portion out. THE COURT: It was about 12:30 I suppose. It was the same newscast. I may have noticed it and may not have. 5 I perhaps did notice some reference there, but I am just not certain. It didn't register very strongly on me, anyway, as being a discrepancy, although it may have been. .MR. FURLOTTE: You are not sitting on a Jury, My Lord. 10 THE COURT: I might say that the Clerk, Mr. Pugh, .this morning spoke to me and said the media had asked him if it would be possible to arrange to see the photo- graphs. They have seen the video on the screen and I have told Mr. Pugh to arrange with the media, if they 15 so desire, to meet with him during a recess, or lunch hour, or sometime whenever is convenient with all of them, to look through the boqk of photographs so that they will -- they are not to take any photographs, or they are not to be reproduced in any way, but I think 20 this would overcome perhaps some of the difficulties. The media would have an opportunity to look at the photographs and see precisely.what they are. In preparing those news stories, you know, based on mere tendering of exhibits like that in Court, they 25 perhaps have to do a little guesswork as to what the photographs -- the photographs have been described mind you in detail. There was no reference to bodies showing in the photographs. There was one silhouette on the floor and it was suggested that that had been 30 the location of a body on the carpet in one of the 45.302514/B51 5 1402 bedrooms. I think that will solve itself. I will be reminding the Jury from time to time, Mr. Furlotte. I would imagine they are so tired at night by the time they get home that they are not going to be 5 watching too many late newscasts anyway and they are up early in the morning. The Jury have requested that we permit them to I think get away at a good hour in the afternoon. the hour perhaps that they suggested may have been 10 quarter to 5:00. I think we should aim actually at trying to get the Jury out of here at 4:30 if we can in the afternoon. They have to travel to a meeting place, or a dispersal point in the van and then they have to -- a lot of them have to drive a very fair 15 distance home and I don't know what -- some of them presumably don't get home until half past 6:00 or so, and some of them have small children that they have to prepare supper for. I know there is a great temptation at the end of the day. Perhaps when the 20 Crown have witnesses here who have been here for a day or so, or they don't want to stay overnight and want to get back, there is a great temptation to ask if they can hear. But I think we have to put the I Jury's priorities first except in dire emergency. 25 know this poses problems for the Crown. MR. ALLMAN: We understand that perfectly, My Lord. I don't think in fact we have actually kept them beyond quarter to 5:00 maybe more than one day in this trial so far. 30 THE COURT: No, it hasn't been bad. A couple of days we may have accommodated them. All right, the Jury now. 45.302514/851 6 Dan Sullivan - direct 1403 (Jury called. All present) THE COURT: Now, you have another witness, Mr. Allman? MR. ALLMAN: Yes, My Lord, Danny Sullivan. MR. DAN SULLIVAN, called as a witness, having been duly sworn, testified as follows: 5 DIRECT EXAMINATION BY MR. ALLMAN: I Q. What is your name, please? A. Dan Sullivan. Q. Where do you live? A. Newcastle, New Brunswick. 10 I Q. How long have you lived there? A. Oh, six years. Q. On the 14th of October, 1989, did you have any connection with the Newcastle fire department? A. Yes, I was serving as a volunteer member. 151 Q. Can you telL us what if anything happened that morning as relates to the matter involving the Daughney.sisters? A. That morning myself and my girlfriend were on our way 20 to C.F.B. Chatham to attend a scuba course and as we were driving down Davidson taking a shortcut to the bridge from Tim Horton's I noticed a house under renovation at the bottom of the street. Q. When you got to the end of that street what street do 25 you turn onto? A. Onto Mitchell Street. Q. And the house that was being renovated where would tha' be in relation to the corner of those two streets? A. That was at the -- 30 Q. I will show you a picture. Just a moment. P-32 number 4 this picture is called. Now just take a 45.3025 {4/S5{ 7 Dan Sullivan - direct 1404 to -- aerial photographs are sometimes tricky. Take a I moment to familiarize yourself with where you are. ! Okay, now you tell me and then we will show the Jury where it is that you are going down? 5 A. As we come off of -- well Tim Horton's is over here so we come down this street onto Davidson and as we approached the bottom next to Mitchell it was on the opposite side of the road towards the river. Q. Can you point to me with your pen to which house it is? 101 A. This house right here. Q. Now do the same for the Jury. Like turn it to the Jury. Point the street you are going down. A. And we were travelling down this street, which is Davidson. As we approached there I could see this I 15 house right on this corner, at the lower corner, under renovation, and then we turned onto -- Q. About what time of day would it be when you and your girlfriend were driving there in that spot? A. Approximately 7:35. I 20 Q. What if anything attracted your attention to that house? A. The fact that it was under renovation. Q. Okay. A. , And I do renovations myself so -- I was in the 25 passenger's seat and I decided to.scrutinize their workmanship. So as I was looking at the lines of the siding to see if they were matching up and how well they were doing it, I was looking at the northwest corner first and I lined that siding up. And then as 30 we were driving by on Mitchell, I looked down the 45.3025 (4/851 8 1405 Dan Sullivan - direct eastside to check those lines up, that they coordinated with the eastside and the northside of the house. And as I looked down the eastside, I noticed smoke puffing out from underneath the soffits. 5 Q. I am going to show you a photograph. This is one of a bundle in P33. I am going to ask you to look at the moment numbers I to 2 which I understand the evidence is was taken from the -- opposite the house you have been referring to. Does that look accurate to you? A. Yes. 10 Q. Okay, when you look at I and 2 where is it that you see what you see? A. Well this is where I began pretty well on this -- number I is pretty well where I began to notice the 15 renovation job. And then I noticed the sign, the 'Better Renovation' sign. Being competitors I thought well I will check out their workmanship. Then as we turned this corner I lined these lines of the two houses up to see that the siding lines were matching. 20 Q. Just show the Jury what you mean. A. Like the lines on the front were matching the lines on the side so that they were level. Q. And then what? A. And then we proceeded by the front of the house and 25 then I proceeded to match up the lines on the other wall with the front of the house. Q. So now we would be -- A. Yes. Q. Which photograph shows where we are now? 30 A. Photograph7. 45.3025 (4/S5( 9 Dan Sullivan - direct 1406 Q. And you are going through the same matching process? A. And I am going through the 'same matching process with the lines of the siding. And then as I connect the lines at the corner and then run them down the 5 side of the house, at the back end of the house here I saw smoke puffing and rolling out from underneath the soffit. Q. That is the --as you look at the picturenumber 7 that is the end of the house? 10 A. Yes, that is the east, the east corner. Q. Okay and you say this smoke was billowing out and rolling out from underneath the eaves? A. It wasn't actually billowing1 it was puffing, okay. Q. I I will leave those there just in case you need to 15 refer to it again. As a volunteer firefighter what did that cause you to do? A. -- A fire alarm went off in my head and I said I -- stopped the truck and said and then I thought no let's go to the firehall. No, stop the truck. Go 20 back because we had already gone by it a little bit so I went back and I verified that it was smoke puffing. And I saw the chimney in the vicinity so I thought maybe it was a little chilly that morning. Maybe they had a smoke on and it got away on them or something. 25 So we then proceeded to the firehall. I Q. How far away is the firehall? A. Oh, about two-thirds of a kilometre. Q. So you proceeded to the firehall and I take it at the firehall you had conversation with people there and 30 made arrangements about what you had seen? A. Yes. 45.3025 (4/85(