Alberta man who murdered friend in 2004 seeks early release under faint-hope clause

A man convicted of first-degree murder 20 years ago is back in an Edmonton courtroom this week, seeking an early release from prison.

Since 2005, George William Allen has been behind bars for killing and burying his friend and business associate, Garry McGrath.

But now he’s hoping to show the court and the jury he’s ready to integrate back into society.  Allen faced a jury of 14 peers on Monday, letting them know how deeply sorry he is.

The now 73-year-old believes he should be able to apply for parole earlier than what his sentence allows.

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 21005, 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.

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 is hoping to apply for parole 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.

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The jury must unanimously accept the application to grant parole.

Allen seeks 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 on Monday claiming they’ll be able to present evidence of decades of rehab work. They said Allen earned the trust of correctional staff and now mentors younger inmates.

Allen testified that since attending rehab, he would have handled that fatal altercation differently.

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.

The hearing will resume on Wednesday, when the Crown will present its arguments. Some witnesses testifying in support of Allen’s chance to apply for parole are also slated to speak.

The hearing is expected to last roughly three weeks.

Allen will be eligible for full parole on Oct. 5, 2030, at which point he would be 78 years old.

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