A man convicted of first-degree murder 20 years ago will be allowed to apply for parole two years early, a jury who heard his faint-hope clause application determined on Thursday.
Since 2005, George William Allen has been behind bars for killing and burying his friend and business associate, Garry McGrath.
A first-degree murder conviction carries an automatic life sentence with no chance of parole for 25 years.
Allen has served 20 of those years and now, the 73-year-old is allowed to apply for parole two years early under the faint-hope clause.
What is the faint-hope clause?
With the abolition of the death penalty in Canada in 1976, legislators became concerned that those serving mandatory life sentences would lose all incentive to behave while in prison.
So the federal government introduced the “faint-hope clause,” a framework allowing prisoners serving the new, tougher life sentences a chance to apply for early parole, pending good behaviour.
Under section 745.6 of the Criminal Code, prisoners serving life in prison without the possibility of parole for 25 years can apply for parole under the faint hope clause after 15 years.
The application is reviewed by a judge and then a jury, taking into account factors including the offence itself, character of the applicant, behaviour in prison, and information provided by victims.
For the past three weeks, a judge and jury have been hearing Allen’s faint-hope application.
The jury began deliberating on Wednesday. On Thursday afternoon, it came back and unanimously accept Allen’s application.
Oct. 5, 2028 is when Allen will now be able to apply for parole — two years early.
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Family devastated by verdict
The victim’s widow, Sharon McGrath, is gutted her husband’s killer will be able to walk the streets again soon.
“My husband will never get to come home, spend time with his boys, his daughter-in-law, his grandkids.
“I’ll never get to hold my husband again. The faint-hope clause, to me, is just a joke.”
McGrath was one of four kids. His sister Peggy McGrath was also in court, and left in tears.
“I’m feeling very sad and very frustrated listening to the verdict that was given,” Peggy said.
“My brother got a life sentence and George Allen should have gotten a life sentence also.”
Even though Allen has to wait another three years to apply for parole, McGrath’s family feels he should have to serve out his entire sentence.
“I think he will get parole. That’s our justice system today. It fails us, you know? Gary’s not here to fight for himself and Gary can’t walk free — but George can,” Peggy said.
Gary was a jokester who loved his family dearly, his wife said, adding he spoiled their sons with toys and made many memories out camping and boating.
“I kept telling him, ‘Quit buying the kids toys, because what are they doing with the toys you bought them yesterday or the day before that?’ And he goes, ‘Well, I’m their dad. I can spoil them as much as I want.’ And he absolutely did. I miss him dearly every day, I’ll never get to tell him that in person. ”
Sharon said since her husband was killed, life has been an emotional rollercoaster ride.
“It’s almost 22 years that Gary will be gone and to me, it’s like yesterday. It’s emotional. It’s painful. I don’t know what more to say.”
What happened in 2004?
McGrath went missing in February 2004. His body was found 20 months later east of Edmonton, buried on Allen’s acreage.
Allen admitted to killing McGrath but said it was in self-defence during a disagreement about storing firewood.
According to Allen, McGrath was angry and shoved Allen, waving a chainsaw in his face. The chainsaw cut part of Allen’s hand.
Allen says he then beat McGrath and laid him on the ground, before realizing he had no pulse. Those claims were undermined by later admissions to undercover RCMP officers during a Mr. Big sting.
McGrath’s truck was found ditched at West Edmonton Mall 10 days after he failed to return home.
In October 2005, his body was later dug up from Allen’s 92-acre acreage near Antler Lake in Strathcona County during a large police search. His body was wrapped in plastic with his hands and neck zip-tied.
The medical examiner determined he either died of strangulation or blunt force trauma to the head.
Allen sought to prove rehabilitation
Allen unsuccessfully appealed both his conviction and sentence and years ago said he planned to apply for the faint-hope clause.
The defence started opening remarks three weeks ago claiming they would be able to present evidence of decades of rehab work. They said Allen earned the trust of correctional staff and now mentors younger inmates. Witnesses testified in support of Allen’s chance to apply for parole.
Allen testified that since attending rehab, he would have handled that fatal altercation differently.
McGrath feels Allen hasn’t changed enough to be released, adding she attended his previous parole board hearings and doesn’t feel he’s truly remorseful.
“He’s destroyed the family, all because of what he’s done,” she said.
“George Allen has never publicly apologized to me, to my sons, to the family.”
Since being in custody, Allen has also faced several health issues including two prostate surgeries, an open-heart surgery and has received treatment for stage 4 bladder cancer.
If he hadn’t had his faint-hope application granted, Allen would have to have waited to be eligible for full parole on Oct. 5, 2030, at which point he would be 78 years old.
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