An 87-year-old Saanich man with no criminal history died in the Vancouver Island Regional Correctional Centre late Wednesday while the judge, Crown and defence worked on a plan to release him on bail.
Rodger Traill was arrested on Friday and charged with assaulting and threatening to kill his wife. He was also charged with careless handling of a firearm.
At Traill’s bail hearing on Monday, Crown prosecutor Patrick Weir told Judge Carmen Rogers that Elizabeth Traill called police because her husband was upset and began smacking her in the face.
“She was fearful because a couple of days earlier, when he was walking toward his gun locker in the apartment, he said that if she were ever to call police he would shoot her,” Weir said. Elizabeth Traill managed to get out of the apartment. When police went inside, they saw five long guns, three rifles, two shotguns and boxes of ammunition that Traill had put on display, Weir said. Traill did not use them in a threatening manner toward police. He said he had just taken them out of the safe to clean them.
Weir said he was willing to release Traill on bail if he had a surety — a person who would take responsibility for his actions while on bail.
“This is a case that cries out for somebody to be there to assist this gentleman in meeting his obligations. … What this gentleman really needs is someone to assist him and make sure he doesn’t present a danger to himself or his wife,” said Weir.
Defence lawyer Jordan Watt, who was the in-custody duty counsel, worked all day trying to find someone to act as Traill’s surety so he could be released.
“Since 9:30 a.m., I have attempted to find someone in this capacity. I can tell your honour that Mr. Traill has three children and grandchildren and unfortunately, there is nobody willing to help him,” said Watt, who also left messages with Traill’s friends. The defence lawyer noted that Traill was lucid, but very tired and had to lie down.
“The real risk is access to firearms and access to his wife, but this can be satisfied by putting conditions in place,” Watt said. “He does instruct me that he has his bank account card on him and he can rent a place or stay in a hotel. This is a tough bail hearing. I totally understand [the Crown’s] position. However, we are dealing with an 87-year-old individual who shouldn’t be sent back to Wilkinson.”
Rogers said she was concerned Traill would return home to his extremely vulnerable wife, whom he had threatened with a firearm.
“I don’t see how I can be assured of her safety without some better plan than he’s going to stay at a hotel somewhere.”
Watt agreed.
“We’re all on the same page,” said Rogers. “The question is what to do about it. I agree he’s an elderly man and jail is probably not the place he belongs. It may well be there are some medical things going on.
“I have to say the fact his children aren’t stepping up to take him into their home also heightens a bit of concern for me. … Something has led the children to not want to support him, which only heightens my concern for their mother’s safety.”
Rogers said she wanted a surety to come to court and understand the responsibility.
“I don’t want someone who is just willing to sign as surety and send them on their way.”
Traill’s bail hearing continued on Wednesday. Watt told the court said he had been in contact with a friend who said another friend could potentially look after Traill.
Watt asked for the case to be adjourned until Thursday.
At this point on the court recording, a sheriff can be heard asking Traill if he’s OK.
“Rodger, Rodger, are you OK? Just sit up. Just sit up, OK,” the sheriff said.
Spokesman Andy Watson confirmed the B.C. Coroners Service is in the early stages of an investigation into a death at the Wilkinson Road jail.
It’s not mandatory for inquests to be held when a death occurs in a correctional facility. The chief coroner has the discretion to hold one if she feels it is in the public interest, he said.
