The only named suspect in the disappearance of St. Albert couple Lyle and Marie McCann is pushing for a reduced sentence on unrelated criminal charges, saying he has been mistreated and beaten at the Edmonton Remand Centre.
Travis Edward Vader, who has been named as a suspect but never charged in the McCanns' disappearance, was in court this week for a sentencing hearing on another set of charges stemming from an incident near Barrhead. The hearing did not finish and will resume later this month.
His lawyer, Daniel Mol, argued Thursday that because Vader was labelled as a suspect in the McCann case his time in the remand centre has been more onerous and that his charter rights have been violated.
The crown is seeking a three-to-four-year prison term for the charges that include arson and a string of break and enters in the Barrhead area.
Vader testified earlier in the week several guards attacked him unprovoked in October 2010. Mol played a video from the remand centre on the day, which shows Vader walking a few steps in front of a guard before stepping out of camera range.
A scuffle does seem to occur and what appear to be Vader's legs are briefly seen on the screen.
Mol called another inmate, James Cappo, who testified he saw the altercation from his cell. He said the guard attacked Vader from behind and without provocation and then more guards came in for a sustained beating.
"There were a lot of guards on top of just one man and he wasn't even resisting."
Crown prosecutor Michelle Doyle went through Cappo's extensive criminal record including many convictions for disobeying court orders and obstruction of justice. The record, which goes back to the early 1990s, also includes a conviction for public mischief. Doyle pointed out that offence generally involves people reporting crimes that didn't happen.
Cappo was insistent that he was not lying and testified he was not told what to say and had not been promised anything for his testimony.
Search questions
Mol also raised the possibility an incident, where correctional officers accidentally threw out many of Vader's belongings including some of personal and legal papers, was in fact a clandestine search.
Vader was being transferred between cells and was told to put his belonging in a clear plastic bag. He was taken first to a disciplinary hearing and the guards told Vader to leave the bag in a hallway during the hearing.
Another guard saw the unattended bag and tossed it in the trash. Mol questioned remand centre director Wayne Reddon about the issue and suggested the guards might have been working with the RCMP.
"I can tell you with all confidence that they were not," Reddon was quick to reply, adding he had never even considered that as a possibility. "The first time I have even heard of it being a thought was right now."
He said he investigated the issue and replaced the canteen items Vader lost and apologized for the documents, but ruled it to have been an accident.
Crown prosecutor Michelle Doyle questioned Reddon about the issue as well and suggested to him if what Mol was suggesting was true it would have to have involved multiple people in a co-ordinated effort.
Reddon agreed and said it was beyond impossible.
"I can't even comprehend what you are talking about."
The hearing resumes on Dec. 20.
