Gillian Guess

Gillian Guess (born 1955) is a woman from Vancouver, British Columbia, Canada, who was convicted in 1998 of obstruction of justice, based on her role as a juror in a murder trial in 1995. During the trial, she became sexually involved with one of the accused in the murder trial, Peter Gill. During their relationship he urged her to persuade the other jurors to acquit him. The jury eventually acquitted all accused, including Gill.

During the trial, court officials noticed unusual interactions between Gill and Guess and brought it to the attention of the trial judge, who warned Gill not to continue. After the acquittal, police were suspicious and monitored Guess, observing her dancing in a nightclub with Gill. The police also obtained wiretap recordings which provided evidence of the relationship.

In 1998, Guess was charged with obstruction of justice under the Criminal Code and tried in the Supreme Court of British Columbia before a judge and jury. The jury convicted her of the offence. The trial judge sentenced her to eighteen months of imprisonment, followed by probation for one year. The British Columbia Court of Appeal dismissed her appeals and upheld the conviction and sentence of imprisonment.

The acquittals of Gill and two co-accused were set aside by the British Columbia Court of Appeal on the basis that the relationship between Gill and Guess had undermined the independence of the judicial process. Gill was not re-tried on the murder charge but he was charged and convicted of obstruction of justice. He received a sentence of just under six years imprisonment.

Judges who dealt with the case stated that it was unprecedented for a juror and an accused to have a sexual relationship during the trial. It is believed to be the first case in North America and the Commonwealth where a juror was convicted of wilful obstruction of justice in relation to their jury service. This was also the first case in Canada where jurors were authorized to testify about jury proceedings, which are normally strictly confidential.

Relationship between Guess and Gill

In 1995, Guess was in her forties. She had two university degrees and was doing post-graduate studies in law and psychology. She was a counsellor with the RCMP for victims of crimes.

Guess later testified that she was quickly attracted to Gill, a man ten years her junior. She testified that at first she thought he was a lawyer, since he was well-dressed in a suit when in the courtroom, and only realised he was an accused when court was called to order. According to court clerk Emma Hyde, Guess would stare at Gill and "She would flip her hair and look seductive". Sometime later, the two started to flirt outside the courtroom. Gill pursued the relationship, and Gill and Guess had an intimate conversation and kissed in Stanley Park.

Court officials informed the judge of the inappropriate courtroom behaviour. Judge Braidwood warned Gill about his behaviour, but he did not speak to Guess.

After the trial concluded, police began an investigation. A week after the acquittals, Guess and Gill were seen dancing together at a night club. Two weeks after the trial, the police observed Gill spending the night with Guess at her townhouse. The police received an authorisation to place secret listening devices in Guess's bedroom, and to tap her phone. They recorded her admitting to others, including her daughter, that she had been completely intoxicated by her relationship with Gill while she was a juror at his trial. The listening devices also recorded sexual encounters between Guess and Gill. She said, "After eight months even the trial judge started looking good." She also stated: "It didn't matter if I had sex with all the accused and everyone in the public gallery."

At trial, the Crown called court officials who had been present at the trial, as well as the jurors from the trial. The court officials testified as to the unusual conduct they had observed in the courtroom. The former jurors gave evidence about Guess's conduct in the jury deliberations.

In passing sentence, the trial judge strongly disagreed, stating that the vedict was "manifestly correct": He sentenced her to eighteen months in prison. She was released on electronic monitoring after serving three months in a minimum security women's facility.

Guess is believed to be the first juror in North America and the Commonwealth to be convicted of obstruction of justice in relation to their service on a jury.

Subsequent proceedings Appeals by Guess

Guess appealed both her conviction and sentence. The British Columbia Court of Appeal dismissed both appeals. The appeal from conviction was dismissed on October 12, 2000,

Crown appeal of acquittals

The Crown filed an appeal of the acquittals of Gill and two co-accused, Budai and Kim, with the British Columbia Court of Appeal. In a preliminary move, the Crown held a hearing in the British Columbia Supreme Court to establish the effect that Guess's conduct had on the jury process, calling Guess as a witness. The Crown was successful in entering that information as fresh evidence in the Court of Appeal. In May 2001, the British Columbia Court of Appeal allowed the Crown appeal, set aside the acquittals, and directed a retrial. Gill turned himself in to the police following the decision.

The Crown did not retry the three.

Gill convicted of obstruction of justice

At the same time as the Crown appeal against Gill was going ahead, he was charged with obstruction of justice in connection to the jury trial. He received a sentence of five years and ten months in prison.

Her story was the subject of a 2004 movie, The Love Crimes of Gillian Guess, and was the basis of the Law & Order episode "Hubris".