MONDAY, SEPTEMBER 27th, 1999
Upon commencing at 10:05 a.m.
Accused present
RANDALL WARA, previously sworn
THE REGISTRAR: Are counsel satisfied that all members of the jury are present?
MR. COOPER: Content.
MR. McKECHNIE: Content.
MS. MULLIGAN: Yes. Thank you.
THE COURT: Yes, Mr. Cooper.
MR. COOPER: Thank you, Your Honour.
CROSS-EXAMINATION (continued) BY MR. COOPER:
Q. Mr. Wara, I want to go over some of the things that you reviewed in examinationinchief, that's when you were being asked questions by Mr. Crystal.
A. Okay.
Q. First of all, with respect to your involvement with Mr. Stewart you say it was about a oneyear duration?
A. Yes.
Q. You said summer of '89 to summer of '90.
A. Yes.
Q. And it started with your work on Blake Boulevard.
A. That's right.
Q. And you said you were a couple of weeks into that renovation work or tile work ---
A. Yes.
Q. --- when Mr. Stewart made you an offer that you didn't refuse.
A. Yes.
Q. And that lasted about a year.
A. That's right.
Q. Okay.
And you said you told Mr. Crystal that he asked you if you were still working for Mr. Stewart when the trafficking in cocaine offence occurred and you said "I was just ending it then".
A. Yes.
Q. Okay. I see.
Now, you did work for Mr. Stewart on his cottage as well.
A. That's right.
Q. Up in St. Pierre?
A. St. Pierre de Wakefield.
Q. St. Pierre de Wakefield?
A. Yes.
Q. And there was quite a bit of tile work done there?
A. That's right.
Q. Okay. Was that done before or after Blake Boulevard?
A. After.
Q. After Blake Boulevard?
A. Yes.
Q. How long after?
A. I don't recall. It would be probably towards the fall, more towards the fall.
Q. Towards the fall.
A. Yes.
Q. So by that time you had been working for Mr. Stewart as a drug runner full-time?
A. Yes.
Q. For months.
A. Yes.
Q. By the time you did the cottage work.
A. Yes.
Q. Now, when you did the cottage work you bought some tile, Mr. Stewart picked out some tile, or he and his wife picked out some tile?
A. Yes.
Q. And gave you some money and you went and got the tile.
A. Yes.
Q. Okay. And there was a little bit of a lag time between when you got the money to get the tile and you got around to picking it up.
A. I don't recall that.
Q. You don't recall Mr. Stewart being a little upset with you about that?
A. No.
Q. Okay. So by that time, by the time you're doing the work on the cottage Mr. Stewart doesn't have any difficulty contacting you, you've gotten this pager and tele- phone arrangement and everything is running smoothly. He con- tacts you several times on a daily basis?
A. Yes.
Q. Okay. Several times a day on a daily basis.
A. Yes.
Q. Okay.
Now Ms. Mulligan adduced a wiretap interception between Mr. Chapman and Mr. Stewart and rather than play it all I'm just going to read parts of it to you, and this occurs on the 26th of July, 1989, so by this time you'd been working for Mr. Stewart or had you done the cottage yet or not?
A. I'm not too sure what time of year that was. I know it was like end of summer, beginning of fall.
Q. You're pretty sure it was ---
A. There was no snow on the ground, I know that, so .....
Q. Okay. You're into seasons, I guess, snow and no snow.
A. Well, yeah, that's all I can say. That's all I can recall.
Q. Okay. So by the 26th of July Mr. Stewart was certainly able to contact you whenever he wanted.
A. Yes.
Q. Okay. Here's what the audiotape says and I'd just like to ask if I'll ask you a question after I've read an excerpt from it. It's Mr. Stewart saying "Hello" and Mr. Chapman saying "Hello".
Mr. Stewart: Yeah.
Mr. Chapman: You were looking for me it's John.
Mr. Stewart: Yeah.
Mr. Chapman:Yeah.
Mr. Stewart: What's Randy number?
Mr. Chapman: Shit, I don't have his new number.
Mr. Stewart: You don't have his new number.
Mr. Chapman: The little mother fucker he owes me a couple of tile cutters. What, you need a worker?
Mr. Stewart: Yeah, well no, he owes me some money I need some um and he's supposed to finish the tiles at the cottage and shit.
Mr. Chapman: He never finished the tiles at the cottage?
Mr. Stewart:No.
Mr. Chapman:And you paid him first?
Mr. Stewart: Yeah, no, I gave him 500 to go out and buy the tiles.
And there's laughter and Mr. Chapman says "You're kidding" and it goes on and then they give a number of 828 I mean Mr. Chapman gives a number of 8282521 is your old number. That was your old number?
A. It could be. I don't recall.
Q. It sounds like it? Does it ring a bell or it doesn't ring a bell or ?
A. It doesn't ring a bell, no.
Q. Okay. Mr. Chapman would know your phone number, your old number?
A. Yes.
Q. You changed numbers that summer, did you?
A. I don't recall if I did or not.
Q. Okay. So does that assist you, sir, in terms of that conversation, does that assist in your recollection about when you were doing this tile job at the cottage?
A. No, it doesn't.
Q. It doesn't help you at all?
A. No.
Q. The July date doesn't help you?
A. No.
Q. Okay. And can you do you have any expla- nation, sir, as to why Mr. Stewart wouldn't be able to contact you at the drop of a hat in July of 1989 if in fact you were working for him on a daily basis?
A. No, I have no explanation on that one.
Q. Okay. There would be no reason for him to have to go and contact your brotherinlaw to try to get through to you because you were running for him several times a day every day, right?
A. That's right.
Q. So you don't obviously know what Mr. Stew- art was talking about in that interception.
A. No I don't.
Q. Now you say you said to I'm just trying to get the dates worked out here, that's what I'm interested in first of all.
So is it possible, sir, that it was a little bit after this 26th of July when you started working for Mr. Stew- art in earnest?
A. No.
Q. It's not possible?
A. No.
Q. Okay. But you're sure it was about one year in duration.
A. Yes.
Q. Okay. Now the answer you gave to Mr. Crystal, you said it was approximately one year, and I'm on page 10 of the transcript for the record:
"Q.Were you still working for Mr. Stewart when the trafficking in cocaine offence occurred?
A.No, I was just ending it then."
I'll just review this for a minute with you. So you were just ending your relationship with Mr. Stewart when that Toronto sale went down.
A. Just before that, yes.
Q. A month before or so?
A. Approximately.
Q. Okay. And you indicated that you thought that was in maybe July of '90, is that it?
A. Yes.
Q. That's your recollection?
Well, I'm going to suggest to you, sir, that in fact you're a year off on that and maybe I can show you some documents to help you out with that.
You did continue with Mr. Stewart, though, up until just before this cocaine bust, right?
A. Just before, yes.
Q. Okay. Well, remember I was asking you if you had a project name? Does the project name Project Tree or Trees ring ---
A. No.
Q. --- a bell for you?
A.No meaning to me, no.
Q. No? It doesn't ring a bell? Okay.
I'm going to show you a copy, it's page it looks like 0006 of Project Tree for the assistance of my friends. It's a copy of an Information that says "Daniel Vanderyt and Randall Wara were charged on or about the 26th of June '91" and
it's the trafficking charges, right?
A. M'hmmhmm. Yes.
Q. So you appear to be a year off on that one.
A. Yes, I guess I'm a year off on that.
Q. So your evidence, then, is that you were working for Mr. Stewart up until shortly before the summer of 1991, shortly before June of '91.
A. Yes, instead of July '90 it would've been '91.
Q. And it was still it was a year that you were working for him.
A. Yeah.
Q. So you would've started in July '90.
A. It was the summer, yes. That's what I recall.
Q. Okay. So it's July '90 'til shortly before June '91 that you were working for him, not '89 to '90 but '90 to '91.
A.'90 to '91, okay.
Q.Is that right?
A. That sounds about right, yes.
Q. Because you're firm on this year business.
A. Oh yeah.
Q. The duration wasn't two years.
A. No.
Q. You're certain of that.
A. Yes.
Q. Okay. When was your daughter born, sir, what's her date of birth?
A. August 23rd '90.
Q. Now that coincides with your recollection that you gave on -- your evidence that you gave the last time you were here, that it was her first Christmas when Mr. Stewart gave you a bonus.
A. That's right.
Q. It would've been Christmas of 1990 then.
A. '90. Yes.
Q. You're certain of that.
A. Yes.
Q. A little before Christmas perhaps?
A. It could've been.
Q. Before the 19th or 18th of December maybe, 1990?
A. It could've been.
Q. And you were about four, five months into your relationship with him at that time.
A. Yes.
Q. Okay. Okay. We'll move on to something a little different for the moment. We'll come back to this area, though.
The people you were delivering to, you said there were you told Mr. Crystal there were about a half a dozen people?
A. Yes.
Q. And Mr. Crystal repeatedly, well not repeatedly, but several times at least, three times I think, maybe four, asked you if you'd ever delivered to or heard of a Michel and Manon.
A. Yes, he asked me that.
Q. Yeah, and you had never ever delivered to anybody with either of those names.
A. That's right.
Q. Okay. What about a Michael or a Mickey or a Mike or a Mitch or a Blanche, or any of those names?
A. No.
Q. Never any of those names?
A. No.
Q. You're sure.
A. Positive.
Q. Nobody with the first name of any derivation of Michael or Michel or Mitch or any of those.
A. No.
Q. Except one.
A. Michael Vanasse.
Q. You hadn't forgotten about Mr. Vanasse before, had you?
A. No.
Q. So Michael Vanasse or Michel Vanasse was in fact one Michel that you delivered to?
A. One Mike I delivered to.
Q. One Mike. You're certain his name was Mike.
A. That's the way I was I would call him.
Q. And there's no other Mikes. I want you to be absolutely ---
A. Not to my recollection, no, sir.
Q. Do you remember the names of every person you delivered to, sir?
A. There are probably one or two I probably wouldn't remember.
Q. Okay. But you remember about half a dozen and those are Danny Vanderyt?
A. Yes.
Q. Who's an associate of yours, he was charged with you on this cocaine business?
A. Yes.
Q. Right?
And in fact you knew that Mr. Vanderyt and Mr. Stewart were roommates for a short period of time.
A. Actually no, I didn't know that.
Q. You didn't know that? Were you ever room- mates with Mr. Vanderyt?
A. No.
Q. Okay. So there's Mr. Vanderyt and Mr. Richard Trudel?
A. Yes.
Q. Okay. And was Richard Trudel, you said you delivered to him about once a week but for a total of only three to four times.
A. Yes.
Q. That's right?
And then there was a Peter in Vanier?
A. Yes.
Q. Has Peter's last name popped into your head?
A. No.
Q.No?
A.I never did know a last name on that.
Q. Oh, you didn't know the last name. Okay. And this isn't the cabinet guy because his name was also Peter.
A. No.
Q. The kitchen cabinet guy from Blake Boule-vard?
A.No.
Q.A different Peter with a different last name unknown?
A. I don't even know the guy who built the cabinets, I don't know what his last name was.
Q. Yeah. But he was from Vanier too?
A. I didn't know that.
Q. You met him in Vanier?
A. Well I met him at Blake, at the apartment.
Q. You met him one time at a coffee shop.
A. Yeah. Who are you talking about here?
Q. The kitchen cabinet guy.
A.The kitchen cabinet guy. Okay. Yes.
Q. Have I got that all right?
A. You got that right.
Q. Okay. And this Peter guy, not the cabinet guy, the other Peter with the last name unknown who also is connected to Vanier, you delivered to him once or twice a week you said.
A. Yes.
Q. And how often or how long did that go on, sir?
A. Probably for the duration that I worked.
Q. For the whole year.
A. Yes.
Q. From '90 to '91.
A. Yes.
Q. Okay. And how big of a delivery was he receiving?
A. Ounces.
Q. An ounce?
A.Ounces, yes.
Q.So he'd be getting about two ounces a week.
A. Approximately, yes.
Q. Now Mr. Vanderyt, he was once or twice a week as well?
A. Yes.
Q. And what was the duration of his ---
A.That would be pretty close to the year. Q. Another year?
A. Yeah.
Q. Okay. And what was he getting?
A. An ounce.
Q. One ounce a week?
A. Yes.
Q. Okay. And Wayne Shields was once or twice a week you've told us, and how long did Mr. Shields receive cocaine from you?
A. It wasn't a steady weekly thing.
Q. It wasn't regular.
A. No, it wasn't.
Q.Okay.
A.But when he did take it it would be an ounce.
Q. Okay. Now when Mr. Crystal was asking you questions on page 33 he asked you about Mr. Shields, he says at line 10:
"Q.And you mentioned a fellow named Wayne Shields."
I'll back up one question and answer. Line 5:
"Q.And how often did you deliver to Rick Trudel?
A.When it happened it was maybe once a week but it wasn't a long -- it wasn't something that happened all the time, like it was occasional."
Line 10:
"Q.And you mentioned a fellow named Wayne Shields.
A. Again once or twice a week.
Q. On a regular basis?
A. Yes."
That was a mistake when you told Mr. Crystal that was on a regular basis?
A. Well as far as a mistake I wouldn't say that, but in the beginning sure it was every week, but I've had time to think things over here too and recalling that person it wasn't every week but it would be say every other week, but in the beginning it was every week.
Q. Okay. So he'd cut down a bit.
A. Yes.
Q. So it's a couple of times a month at the end.
A. Yeah, I would say that.
Q. And what's he getting, Mr. Shields?
A. An ounce.
Q. One ounce?
A. Yes.
Q. Okay. And Mr. Vanasse was a one time only
A. Yes.
Q. delivery? And what did he get that one time only?
A. An ounce.
Q. An ounce. Okay.
Well there was a John, last name unknown as well.
A. Yes.
Q. And where was John?
A. John was in Vanier.
Q. Okay. And have you recalled his last name at all?
A. No.
Q. And John in Vanier, how long was he in- volved in the deliveries during your tenure?
A. Approximately the year.
Q. Okay. So he's a one-year customer?
A. Yes.
Q. And how often was he seeing you?
A. It'd be once a week.
Q. And what was he getting?
A. Five hundred grams of hash and occasionally an ounce of coke.
Q. The hash was his regular thing?
A. Yes it was.
Q. Once a week? And the ounce of coke was irregular?
A. Yes.
Q. Okay. We'll come back to the hash I think in a minute.
Anybody else there, sir?
A. Anybody else where?
Q. That you're delivering to.
A. Yeah, there were other people but a lot of them parttime. As far as remembering names, you know, as I say they were parttime.
Q. You can't remember their names.
A. No, sir.
Q. What do you mean by parttime?
A. Well they would get, you know, an ounce maybe every other week or every other month, or something like that.
Q. Okay. So they were kind of like Wayne Shields, they only got an ounce a couple of times a month or something.
A. Yes.
Q. Okay. Wayne Shields is quite a big lad?
A. He certainly is.
Q. A big biker lad, right?
A. I don't know if he's a biker or not but he's a big lad.
Q. Long hair and the beard and the leather vest thing ---
A.Yes.
Q.--- and stuff like that?
A. Yes.
Q. Motorcycle?
A. I've never seen him on a bike.
Q. No? It looks like he probably would be able to handle one, though?
A. Sure.
Q. Born to the manner, so to speak? I don't know if you know that phrase or not.
A. Never heard of the phrase.
Q. Suit him well?
A.True.
Q.Now, you said that you were bringing in cocaine from Montreal.
A. Yes.
Q. And you were doing that for the whole year of your tenure?
A. Yes.
Q. Okay. And you were bringing in a couple of keys a couple of times a week.
A. It would vary.
Q. Okay. Help me out here.
A. One. Two.
Q.One?
A.One to two, yes.
Q. Never less than one?
A. No.
Q. On one occasion you said there was three or four keys?
A. Yeah, one time.
Q. Okay, Most often it was more like ---
A. Most often it was one.
Q. Yeah. Sometimes two?
A. Yes.
Q. Okay. And it's pretty much always twice a week, sometimes more often than that.
A. Yes.
Q. Okay.
Oh, Mr. Wara, where is all the cocaine going?
A. Where is it all going? Well, you didn't ask me where half keys were going.
Q. No, I was asking where all the deliveries were going.
A. No, you were asking me ounces.
Q. No, you were telling me ounces, sir. Is there something you've omitted? I've asked you about every person you delivered cocaine to.
A. Okay, but you were asking me about ounces.
Q. Did you deliver ounces to Rick Trudel?
A. No.
Q. No. And I asked you about Mr. Trudel, didn't I?
A. Sorry, I don't recall you asking me about him, but no.
Q. Today? You don't? Okay.
A. You mentioned his name.
Q. Okay. Where's the rest of the cocaine going, sir? You're hundreds of ounces short. You haven't explained it.
A. Half keys would be going to Rick Trudel.
Q. Okay. Half keys to Rick Trudel and that was three or four times, right?
A. That's right. Now also on the deliveries of the ounces, now as you said even one to two a week there would be more. It varied from week to week on a person to person.
Q. There's about 28 ounces in a key, sir?
A. Yes.
Q. Well so far you've told us about people who would get -- well, first of all, you'd double that right off the bat, right?
A. Double that? Yes.
Q.Yeah, because ---
A.Double one into two, yes.