Gillian Guess
Gillian Guess is a Vancouver woman who was convicted of obstruction of justice after becoming romantically involved with a murder defendant while she was a juror in his murder trial. Her case is significant because it set legal precedents in three areas of Canadian Law: Her case is the first known case where a juror has had sexual relations with a murder defendant during his trial, the only case where a juror has faced criminal sanction for the decision they have made, and the only case in Canadian law where jury room discussions were made part of the public record.
Police Allegations
According to the Vancouver Police Department, Peter Gill (also known as Preet Sarbjit Gill) and his brother-in-law ran a gang involved in the drug trade on the streets of Vancouver. Peter Gill had been arrested on May 30, 1994 for trafficking cocaine. Police believe that in February 1994, he lured Jinsher Dosanjh (aged 26) to an alley where he and his associates murdered him with machine guns. Two months later, his gang allegedly also murdered his brother Ranjit Dosanjh (Wood,1998A).
Regina v. Gill
Peter Gill was charged with two counts of first degree murder. Five of his associates, Bhupinder Johal, Rajinder Kumar Benji, Michael Kent Budai, Ho Sik (Phil) Kim, and Sun News Lal were tried with him on the murder charges. The trial began on February 27, 1995 and lasted 8 months. It was one of the longest, most expensive, and most complicated trials in British Columbia history (Regina v. Gill, 2002). Gillian Guess was selected to serve as a juror during his murder trial. During the trial, Gillian Guess and Peter Gill started a secret romantic relationship, that became sexual in nature.
The Relationship Between Gillian Guess and Peter Gill
It seems that it was Guess who was first attracted to Gill, who was a man 10 years younger than her. She would stare at him, and according to court clerk Emma Hyde "She would flip her hair and look seductive" (Wood,1998B) Later Gill approached Guess at McDonalds and told her he was innocent of the charges (Regina v. Gill, 2002). Sometime later the two started to flirt outside the court room. Gill pursued the relationship, and Gill and Guess had intimate converation and kissed in Stanley Park. The relationship quickly became sexual (Regina v. Guess, 2000). Guess said "My attraction to him was a complete intoxication...I got to the point where I couldn't see straight. It just became an obsession" (Wood,1998B).
Court officers informed the judge of the inappropriate behaviour, and the Honorable Judge Braidwood warned Peter Gill about his behaviour, but never talked to Gillian Guess (Regina v. Gill, 2002). The relationship continued, and when Gillian Guess asked Peter Gill if she should find a way to get off the jury, he told her to stay (Regina v. Gill, 2002). He also told her to convict two of his co-defendants, but not him (Regina v. Gill, 2002).
Jury Deliberations
During jury deliberations, Gillian Guess was the only juror who initially wanted to acquit Peter Gill. All the other jurors had decided he was guilty. She allegedly harassed other jurors until they changed their minds and also voted to acquit Peter Gill and his associates.
It is unclear whether Guess voted to acquit Gill and his associates because she was in love with him, or because the prosecution's case had fell apart. Atleast one key witness who claimed to have seen one of the murders was proved to be a liar by the defense, and there were other doubts in the prosecution's theory of what happened.
Police Investigation of Gillian Guess
Several months after the acquital of Peter Gill, Vancouver Police saw Guess and Gill dancing together at a night club. Police investigated, and placed secret surveillance devices in Guess' home, and tapped her phone (Wood, 1998A). They recorded her admit to others, including her daughter, that she had been involved in a romantic relationship with Gill while she was a juror at his trial.
Regina v. Guess
In 1998, Crown prosecutor Joe Bellows laid an obstruction of justice charge against Gilian Guess, arguing she had violated s. 139 (2) of the Canadian Criminal Code (Regina v. Guess, 2000). Guess pleaded not guilty. During the trial, she wore clothing that was seen as being too skimpy by some news reporters (Cunningham, 1998).
Gillian Guess was convicted of obstruction of justice. After being convicted she said "I have been convicted for falling in love and nothing more. I have not committed a crime" (Wood,1998B). She was sentensed to 18 months in prison, plus one year of probation (Regina v. Guess, 2000). She appealed her sentense, but the appeal was dismissed on November 2, 2000.
Retrial for Peter Gill
In May 2001, Peter Gill and his associates Mr. Budai and Mr. Kim were ordered to be retried by the British Columbia Court of Appeal on the first degree murder charges (Regina v. Gill, 2002). However, the Crown never retried them. Instead, Peter Gill was tried and convicted for obstruction of Justice. He received a sentence of 6 years in prison (Regina v. Gill, 2002).
Media Coverage
The trial of Gillian Guess became a media sensation, with reporters coming as far away as Germany and New Zealand to cover the trial (Cunningham, 1998). The Gillian's Guess story was also told on the news magazine show Inside Edition, and on the ABC News Show 20/20. Gillian Guess was also photographed for Marie Claire magazine (Cunningham, 1998).
Her story was eventually made into a movie named "The Love Crimes of Gillian Guess."
http://www.imdb.com/title/tt0424247/
References
Regina v. Guess (2000) BCCA
http://www.courts.gov.bc.ca/jdb-txt/ca/00/06/c00-0602.htm
Regina v. Gill (2002) BCSC
http://www.courts.gov.bc.ca/jdb-txt/sc/02/09/2002bcsc0977.htm
Wood (1998A)
http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=M1ARTM0011708
Wood (1998B)
http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=M1ARTM0011728
Cunningham (1998)