'Forget about the legal schmegal bull-t,' Whitehorse RCMP Cpl. Tracy Phillips told George Kieran Daunt during a police interrogation.

Daunt, who has since been found guilty of second-degree murder, had been asking to speak to his lawyer while police interrogated him, the day after the fatal shooting of Robert Truswell in August 2003.

Eventually, Daunt gave police the information he wanted after hours of interrogation.

Yukon Supreme Court Justice Ron Veale said Daunt's right to silence was violated.

He said police overstepped their bounds when trying to get information about the shooting.

At a friend's house, before Daunt's arrest, Daunt had been advised by his lawyer, Barry Ernewein, not to say anything.

He was further advised by Ernewein not to say anything after his arrest.

This did not stop police from interrogating Daunt for over four hours, even though Daunt had the right to remain silent.

Phillips told Daunt that Ernewein might have given him bad legal advice, as lawyers 'don't know all the facts.'

During the police interrogation, Daunt voluntarily discussed his difficulties with his father, Ivan Daunt. The accused went on to talk about Truswell, describing him as an unsuccessful miner who was a bully who should have been put away a long time ago.

The RCMP tried to play on Daunt's integrity by minimizing Daunt's offence. But Daunt would respond to their questions related to the shooting incident with the word 'lawyer' to which Cpl. Dan Gaudet would reply 'hear me out.'

The accused had used the word 'lawyer' in response to questioning about 80 times during the interrogation.

Daunt told officers he didn't 'feel good' and didn't want to go any further without a lawyer.

Gaudet began to raise his voice and moved his face within one foot of Daunt. The accused could not get out of the way because he had his back against a wall.

Phillips told Daunt she had personally been in a similar situation as Daunt, as she once had to shoot a person after a high speed chase. She told Daunt she had decided to talk despite her lawyer's advice not to provide information.

Daunt told her he did need a lawyer.

'We're in Dawson,' he said. 'We don't have access to them. I would really like a lawyer here for certain aspects of this conversation.'

The officers suggested if he told them his side now, he would appear more credible later.

'If you're traumatized, we need to treat you too,' Phillips said.

Police questioned Daunt about the gun, which prompted Daunt to ask that he go back to his cell.

But Gaudet told him: 'You're in police custody and we decide where you will be detained.'

Gaudet told Daunt that Daunt's close friend Cam Sigurdson could be arrested for obstruction of justice if the gun was found behind her house.

Daunt had gone to Sigurdson's house after the shooting incident to call the police. He told the police Sigurdson was not involved and that he needed to talk to his lawyer. Daunt said if he was in Whitehorse he'd be able to see his lawyer 'right now.'

Gaudet said that was not true.

Police then photographed bruises on Daunt's chest. An emotional Daunt was crying at this point.

The following day, on Aug. 30, Daunt was questioned by Sgt. Tim Ashmore while in the shower.

Ashmore asked Daunt about Truswell's relatives.

Daunt informed Ashmore that Truswell's mother lived in New Zealand and that Truswell had two sisters that he didn't speak with. Truswell had threatened to kill his sisters because they had stolen a stereo system from him over 20 years ago, Daunt told Ashmore while showering.

The day before the shower incident, Justice of the Peace John Tyrrell ordered that Daunt be taken to the Whitehorse Correctional Centre forthwith. However, police involved in the Daunt matter say they do not recall the word forthwith being used.

Sgt. Frank Campbell, who heads up the Yukon's major crimes unit, said that the RCMP team wanted to leave with Daunt to avoid two plane trips, as an additional return trip would have cost $1,500.

This means Daunt did not leave police cells until 23 hours after Tyrrell made the order for Daunt to be moved to WCC.

Because Daunt was forced to remain in police custody, he was interrogated again after showering.

Daunt reminded police he had been told by his lawyer not to say anything.

The police told Daunt about how many of his friends had come in and asked about him.

'We don't think you're a bad guy,' said Phillips. 'And they love you in this community.'

That being said, none of Daunt's friends was allowed to see him while he was kept in police cells.

Ashmore told Daunt he should speak to police so that the judge and jury would have a 'full picture.'

He then told Daunt that the lawyer might have given Daunt different advice if he knew the reason 'why the mistake happened.'

Ashmore said that lawyers automatically say 'don't say anything' and that sometimes saying something is a good thing.

Ashmore and Phillips again brought up the fact that Sigurdson could be charged, possibly with murder even, if Daunt did not tell them the location of the gun.

'We're not making any any deals or anything like that,' said Ashmore.

Phillips said there was an onus on Daunt to prove why he was afraid of Truswell.

Daunt eventually provided RCMP with the details of the shooting and talked about his fear of Truswell.

'Well, I'm not listening to my lawyer very well, am I?' said Daunt. 'I gotta talk to the lawyer.'

Daunt also told police that he had hid the gun in a blue building behind Sigurdson's residence without her knowledge.

The interrogation ended and Daunt was flown to Whitehorse.

The Crown tried to say that Daunt had given the information voluntarily.

But Veale ruled otherwise, saying Daunt had been overwhelmed by a number of police tactics.

'The most serious transgressions in this interrogation were the belittling of legal advice, the offer of treatment and the suggestion that Cam Sigurdson could be charged,' wrote Veale in a 44-page written decision released to the media yesterday.

He said the threat to charge Sigurdson with murder was very serious.

'Although Ashmore said they were not making any deals, there was a clear inference that Cam Sigurdson would not be charged if Kieran Daunt confessed about the location of the gun,' wrote Veale. 'These reasons alone raise a reasonable doubt as to the voluntariness of the statement.'

Veale noted that Daunt had tried to assert his right to a lawyer and speak to police.

'Gaudet ignored the attempt to exercise his (Daunt's) right to silence,' said Veale.

The judge said if the right to remain silent is to have any meaning at all, it must be upheld in situations of persistent ignoring and belittling the attempt of the accused person to remain silent.

Veale also criticized police for disobeying a court order by not transporting Daunt to the WCC upon being told to do so.

'That no doubt had something to do with the fact that they wished to keep him in custody for the purpose of conducting a second interrogation,' said Veale. 'Waiting for the investigation team to complete its work is not an appropriate circumstance, nor is the saving of $1,500 of fuel.'

The evidence that was obtained as a result of those interrogations was ruled inadmissible and did not go before the jury.

RCMP Sgt. Guy Rook told the Star this morning that police interviewing techniques are grounded by case law and that the RCMP adjust their techniques around various Supreme Court decisions.

Rook said the officers involved in the interrogations will not undergo any disciplinary action for violating Daunt's rights.

Those RCMP officers were very familiar with case law that guides interviewing practices and provided the court with a full disclosure of their interviewing methods, said Rook.

He would not comment specifically on the types of interviewing techniques RCMP use or if they regularly try to get people to give up their right to silence through aggressive interrogation.