DOWN MEMORY LANE

The Guy Pool trial

RENE IN THE BOX

SPUP leader testifies in Reef Hotel trial

Last week we stopped at the submission of Mr. Kapila who was trying desperately to keep Guy pool’s confession out of the evidence.  Guy  Pool had implicated Albert Rene in his confession and since Mr. Kapila had objected to its admissibility on the grounds that it was not voluntary and that  it was fabricated by the police, the court held a trial within a trial to determine admissibility.  Several witnesses testified in the trial within a trial but the highlight of the case was the testimony of France Albert Rene which we produce below.  His testimony is vivid and reveals the complexity of our political situation then with the SPUP Rene’s party, showing clearly that they would stop at nothing to achieve political power, even to the extent of perpetuating violence.  We publish below the report of Seychelles Bulletin of Friday October 20th 1972 in respect of Albert Rene’s testimony in the Guy Pool trial.

Seychelles People’s United Party leader Albert Rene took the witness stand in the Reef Hotel bomb trial this morning and was closely questioned by the prosecution about the Hotel and Allied Workers Union, political speeches he has made, his stand on violence, the law and the Indian community.

He told the court in answer to Mr. Quinn’s questions that he knew Harry Bonte, an official of the  Hotel and Allied Workers Union and the accused in the Moosa Bomb explosion, very well.  He said his position in the union was that of adviser and he attended a meeting of the Union at the Reef Hotel when a ballot was held among staff to decide which members belonged to the Hotel and Allied workers and which to another union affiliated to the Seychelles Democratic Party.

Quinn:  “Is the Hotel and Allied Workers Union affiliated to the SPUP?”

Rene:  “It is.”

Quinn:  “I suggest you have more interest in the Union than legal advice.”

Rene:  “I give legal advice free because I have an interest in the success of the Union.”

Mr. Quinn then asked Mr. Rene who as a practising barrister himself, if he had not advocated violence in speeches he had made to trade unions and workers.

Rene: “No, I have advocated struggle.”

Quinn:  “What do you mean by struggle?”

Rene: “I mean all means which enable one to obtain one’s right, bar violence, such as demonstrations, processions, strikes, and boycotts.”

Quinn:  “Have you ever advocated violence at any political party meeting?”

Rene”  “No.  What I have said is that unless the government listens to its citizens, it inevitably leads to violence.  My purpose in doing so was in order that violence may not occur.”

Blood

Then Mr. Quinn asked Mr. Rene if he had not said in a speech at the Esplanade in September last year referring to the police who were keeping order:  “I ask them to record well what I am saying because in Seychelles if they do not give us our freedom, we will take it with our blood.”

Mr. Rene replied that he did not recollect having said this.  “What I may have said is I will struggle for the freedom of my country even if it cost my life.”

Quinn: “Didn’t you go on : And I tell you people, what I’ve just said and which has been recorded, is an offence for which I can be sent inside?”

Rene:  “I can’t recollect.  I have made so many speeches.  I may have said the colonial government may send me inside for what I’ve just said.  And I may have added that if I’m sentenced for some reason I’ll be very willing to go.”

Struggle

The prosecutor asked Mr. Rene what struggle he had in mind.  He said it was the struggle he had been waging for years to convince the British government that the Seychellois had a right to govern themselves and that the Seychellois were not inferior to the British.

Quinn:  “How did you envisage losing your life in that struggle?”

Rene:  “By someone using violence which has already been attempted.  He added that someone had already tried to use violence on him.  He reported it to the police who prosecuted the man for carrying a knife at night instead of attempting to harm him.  The man was fined Rs.10, he said, and added that he was dissatisfied thought he did not make anything special of it.

Mr. Quinn then asked the witness if in a speech last year he had not said:  “The one who tries to tie me up will force me to kill him.  But I say if a person after two or three times indicates that he is not prepared to change I say he should be destroyed.”

Mr. Rene replied that he did not recollect having said that.  Turning to another speech, Mr.Quinn asked if on February 13, the witness had not said:  “But soon you will hear as it was written in the last issue of The People “ The War Is On”.

Rene:  “I said something to this effect.”

Quinn: “And within hours of your delivering that speech, didn’t a bomb go off at the Reef Hotel and another at Moosa’s shop?”

Rene:  “I believe so.”

Quinn:  What  did you mean by the war is on.”

Rene replied:  “I meant the political war had already started.  For about a year after the last general election the party of which I’m president remained very quiet in the hope this government would initiate programmes which would help the development of the internal economy of this country.  And secondly that the present government would not indulge in political oppression.

“When that article was written and the subsequent speech made, the party had decided to resume its political struggle and it considered the rapid influx of foreigners into this country was to be the biggest headache in future.  We decided to start a programme which would discourage foreigners to come here in large numbers.

“This decision was taken after the government had exercised what we considered  to be political oppression by expelling an innocent Seychellois purely because he believed in a political party.”

Quinn:  “How were you going to discourage  visitors?  By placing a bomb at the Reef Hotel?”

Mr. Rene replied that it was not by that means.  But by organising demonstrations, more public meetings and having a series of placards to tell foreigners to keep out.

Quinn:  “Don’t you think it is significant that after your War Is On speech for reasons which you have explained, a bomb should destroy part of the Reef Hotel within hours?”

Rene:  “I don’t think it is significant  for the following reasons : Ever since SPUP started some people had tried to attach a label of violence to it.  When ever the party has spoken of a struggle, attempts have been made, either by insults or others means, to attribute it to SPUP.  In my view an intelligent party leader who had just said that would not have placed a bomb that night.”

Threats

Mr. Rene was then asked if the people had not chosen another political party instead of the SPUP during the election and he replied that in his view the people did not have a free choice and the majority that the SDP had over his party was obtained by the votes of foreigners who should not have been allowed to vote, and by bribery and threats.  Mr. Quinn then asked him if as a lawyer he has respect for the law.  He replied that he had, but he believed however that if a law is wrong he should struggle to change it by all means, apart from violence.  Quinn:  “Does that mean you approve of bribery and corruption?”

Rene:  “No.  That would be against the law.”

On his feelings for the Indian community, Mr. Rene said he had no feeling against any community, but he did have fairly strong ones about people who sent their money away instead of using it for the development of the country.

Replying to Mr. Quinn on the explosion at Moosa, Mr. Rene said that on the following day he could see that a little petrol shed between Adam Moosa and Dhanjee’s shop in which Moosa usually kept petrol, had been blown up.

Strange

He said there was no petrol in it the night of the explosion and he knew about it because the man who had emptied it told him, on the day following the explosion, that it was strange the  petrol had been removed the day before the blast.

Mr. Quinn also asked  if on April 9 this year, during the strike, he had not made a speech on the Esplanade saying that he knew that  the majority of the Indians in this country were against his party and this was unfortunate because they would have to pay dear.

Mr. Rene replied yes and at the time of going to Press he was still being questioned.

Earlier, in his evidence he gave an account of his movements on February 13, saying that after his party’s meeting on Gordon Square he went to Chez Nous Bar, Pointe Larue, where he stayed until about 1.30 p.m and then returned to his home at Plaisance to sleep.  He said he had read the confession allegedly made by accused Guy Pool and he knew the story in it concerning him, but as related to him, that statement had not a word of truth in it.

D.W.S. F.A. Rene (sworn)

France Albert Rene.  I am a barrister at law – Middle Temple, London.

I have practised in Seychelles since 1958.

I remember Sunday 13th February, 1972.  On that day I had my lunch at L’Exile at the house of Mrs. Geva Adam and after lunch we came down together.  Then we went to my house which was at Plaisance.  There I took the car from her and drove to the airport.  On that day Mr. Guy Sinon and Mr. Mathew Servina arrived and I went to meet them.

From the airport I drove back to my house at L’Exile picked up Geva, drove down to S.P.U.P. office and she went on in the car.   S.P.U.P stands for Seychelles People’s United Party.

From the S.P.U.P. office together with other officials I went to the Gordon Square where we had a public meeting.  The meeting finished about 6.30.  We walked back to the office and at the office Geva was waiting for me.  We drove back to my house at Plaisance.  At Plaisance I had a shower, I got changed and I left to go to Chez Nous.  It was about 7.15.  At Chez Nous there was a party for the arrival of Mr. Sinon and Mr. Servina and this was followed by a public dance.

When I got to Chez Nous I would say about 6 or 7 guests of the party had arrived but the party itself did not start until Mr. Sinon and Mr. Servina arrived.  Mr. Servina arrived first then Mr. Sinon, I would say just after 8.

From the time I went to Chez Nous until they arrived I was at Chez Nous talking to the people who had arrived.  We started having a drink.  After Mr. Sinon and Mr. Servina arrived the party started and it went on until late.  I was there throughout that period.  About 9 o’clock the public dance started and the public was admitted.  Most of us stayed, only a few I believe left.

I couldn’t tell exactly what time the dance ended.  About 1.30 when I left it was still on.  I was there throughout that time in Chez Nous.  I was barely sitting down, talking. 

At times I would move from one table where I was sitting and go and talk to other people and then come back and so on.

I remember I was wearing a red shirt and long trousers.  I don’t remember what long trousers.  I would say 200 -300 people were present at the public dance.  At the party there were about 40 people.

About 1.30 a.m. when I left the dance I went back to Plaisance arriving there between 1.30 and 2 o’clock.  It takes about 15 minutes.  I stayed there then.  I left the house about 6 a.m.  I drove back to L’Exile.

Q. You have read what purports to be a confession by accused on 1st August, 1972 and you have seen the English translation of it?

A.  Yes.  I’ve read both the creole and English of it.  It contains a story concerning me with regard to 13th/14th  February, 1972.  In so far as it relates to me there is not a word of truth in it.

Q.  Do you know Guy Pool?

A.  I have seen him before, I know of him but I can’t recollect ever meeting him.

Q.  Do you know his sister Daphne?

A.  Yes I know her and brother Yvon?

Q.  But you don’t  know him?

A.  No except in the sense that I recognise him.

Q.  You know a man called Harry Bonte?

A.  Yes very well.

Q.  He is the Secretary of the Hotels & Allied Workers’ Union of which you are the Vice President?

A.  This is not correct.

Q.  What’s your position in that Union?

A.  I don’t think I have a position.  I have advised them legally.

Q. You’ve attended  a meeting they had at Reef Hotel in February, 1972?

A. Yes on one occasion when the staff at Reef Hotel was being  admitted  into the Union and another Union affiliated with the Democratic Party had gone to the hotel and tried to break up the hotel & Allied Union.  A ballot was held among the workers of the hotel and I went to attend the holding of that ballot.

Q.  Was Harry Bonte there?

A.  Yes.

Q.  Is he an official of that Union?

A.  I think so.

Q.  Is the President Mr. Servina?

A.  Yes.

Q.  It is an SPUP affiliated Union?

A.  Yes.

Q.  And you are the President of SPUP?

A.  Yes.

Q.  I suggest you have more interest in that Union than giving legal advice?

A.  I give legal advice free because I have no interest in the success of that Union.

Q.  SPUP takes an interest in trade unions?

A.  Very much.

Q.  And you personally have addressed trade unions and workers?

A.  Yes.

Q. You advocated violence in those speeches?

A.  No.  I have advocated struggle.

Q.  What do you mean by struggle?

A. All means which enable one to obtain one’s rights without violence such as demonstrations, processions, strikes, boycotts and so on.

Q. Have you ever advocated violence at any political meeting.

A.  No.

Q.  Never?

A.  Never.  What I have said at political meetings is that unless Government listens to the voice of its citizens it inevitably leads to violence.  The purpose of my doing so was in order that violence may not occur.

Q.  Do you remember making a speech on 16th September, 1971 at the Esplanade?

A.  I can’t remember, I could have made.

Q.  At 10.15 a.m?

A.  I can’t remember.

Q.  This is what you were heard saying “If the doctor says I have cancer and I know that I’ve got a cancer,  I will kill all those Democrats who exist?”

A.  No, I didn’t say that.

Q. The sequence of this I understand is that you had come back from abroad you were telling the people that rumour had been spreading that you had gone away because you had cancer?

A.  It is the first time I hear this.  I never even heard the rumours.

Q.  Did you say in reference to the police who were there at the meeting “I ask them to record well what I am saying because in Seychelles if they do not give us our freedom we will take it with our blood?”

A.  I’m sure it’s not like that.  I said we would struggle to get it.  I never said we would take it with our blood.  What I may have said is that I will struggle for the freedom of my country even if it were to cost me my life.

Q. You went on “And I tell you people what I have just said and which has been recorded is an offence for which I can be sent inside”?

A. I can’t recollect.  I don’t remember the words.  I may have said that a Colonial Government may send people inside for what I have said and I may have told them that if I am sentenced for such reason I would be very willing to go.

Q.  You said you were willing to lose your life in the struggle?

A.  Yes.

Q.  What kind of struggle had you in life?

A. The struggle that has been waiting for years in order to convince the British Government that the Seychellois people have a right to govern themselves and the Seychellois are not inferior to the British.

Q.  And how did you envisage losing your life without violence?

A.  By someone using violence on me which has already been attempted.

Q.  Explain what remark?

A.  Someone has already tried to use violence on me.

Q. What have you done about it?

A.  I’ve reported to the police and the police prosecuted the man for carrying a knife at night for attempting to wound me and he was fined Rs.10/-.

Q.  You gave evidence in that case?

 A.  He pleaded guilty and was fined Rs10/-.  I did not give evidence in court.  I was not asked to by the prosecutor or by the court.  I am a Barrister.

Q.  You know the Criminal Procedure of this country?

A. I know part of it.  I was dissatisfied with police prosecution.  I did not take the matter any higher.  I didn’t know how I would get higher.  I knew the A.G. at the time.  I believe I mentioned it to someone working in his office and I was told the police had not got better evidence as far as I can recollect.  I can’t say that was a conversation.

Q. As a lawyer you know that prosecution is only based on the strength of the evidence available?

A.  I know, yes.

Q.  Isn’t it obvious that the evidence could not support a higher charge?

A.  In my view it could.

Q.  You did nothing about that?

A.  Nothing special.

Q.  Even though it was an attempt on your life?

A.  Yes.

Q. Did you say in the same speech on 16th September, 1971 at Esplanade “the one who tries to tie me up will force me to kill him”?

A.  I’m sure I did not use that sort of expression.

Q. Did you say in the same speech “but I say if a person after 2 or 3 times indicates he is not prepared to change I say he should be destroyed?

A.  No.

Q.  You don’t remember what you say in political speeches?

A.  I have made so many that I don’t remember them all.

Q.            You expect your listeners to remember what you say?

A.  No some of it.  I expect some points to go in and not remember it word for word.

Q.  You’re trying to convince these people to vote for your party?

 A.  That’s the general idea.

Q.  You do expect them to get the main point of your speech?

A.  Yes.

Q. And you do put political articles and speeches in the party newspaper “The people”.

A.  Yes.

Q.  On 13th February, 1972 in the speech you made at Gordon Square did you not say “but soon you will hear as it was written on the last issue of The People the war is on”?

A.  I said  something  to this effect.

Q. And within a matter of hours from your delivering that speech didn’t a bomb explosion take place at Reef Hotel and another at Adam Moosa’s?

A.  I believe so.

Q.  You believe so, you don’t know?

A.  I know but you say hours.  I believe it was next morning.

Q.  What did you mean by saying the war is on?

A.  I meant political war in the country had started.  For about a year after the last general elections, the party of which I am president had remained very quiet in the hope (1) that this present Government would initiate programs which would help in the development of the internal economy of this country and (2) that this present Government would not indulge in political oppression.  When that article was written and subsequent speech was made the party had decided to resume its political struggle and as it considered the rapid influx of foreigners into this country was going to be the biggest headache in future it decided to start a programme which would discourage foreigners from coming here in large quantities.  This decision was taken after the Government had exercised what we considered to be political oppression by expelling from this country an innocent Seychellois purely because he believed in the opposition party.

Q.  How did you intend to discourage foreigners from coming into this country?

A.  In many ways.

Q.  By putting a bomb at Reef Hotel?

 A. By organising demonstrations, more public meetings, we had planned a series of placards to try and tell foreigners to keep out.  It was not by placing a bomb.

Q.  You don’t think it significant that when you made that speech saying the war is on for the reasons you have explained that a bomb should destroy part of the Reef Hotel within some hours of you making it?

A. I do think it is significant but for the following reasons.  Ever since S.P.U.P. started some people have tried to attach a label of violence to it.  Whenever the party has spoken of a struggle, attempts have been made either insulting people or by some other means to attribute it to S.P.U.P.  In my view an intelligent party political leader who had just said that would not have placed a bomb that night.

Q.  That is pure opinion of yours?

A.  In my view it is pure common sense.

Q.  To which intelligent party leader are you referring?

A.  To myself.

Q.  This is your opinion?

A.  Yes.

Q.  Do you consider yourself intelligent.

A.  I consider myself less intelligent than some and much more than others.

Q.  You refer to a general election?

A.  Yes.

Q.  Which you lost?

A.  Correct.

Q.  More people wanted the other party than yours?

A.  That in my view is not correct.  When the election was held it resulted in 1300 odd people more counted for having voted for D.P. but in my view 600 of those were foreigner who should not have the opportunity to decide the future of this country and the rest was obtained by bribe and corruption and some by fear, threats, others were too frightened to come and vote i.e.  I believe the people did not have a free choice.

Q.  What action did you take?

A.  I reported the matter to the police the Government, the British, the United Nations and to the Organisation of African Unity.

Q.  What action did any of these bodies take?

A.  UN requested the C.M. in one of his visit to New York to agree to a referendum to re-decide the issue to which he agreed but when he came back after having paid a visit to his British masters he changed his mind.

Q.  Did you not take action legally here?

A.  No because  we considered  it would be a waste of time.

Q.  Why didn’t you take an election petition?

A.  I said it would be a waste of time.

Q.  You mean by that you have no confidence in the courts?

A.  I don’t mean that at all.

Q.  Then what  do you mean?

A.  In an election petition one has to show not only that there were discrepancies and irregularities but that these resulted in a different conclusion.

Q.  This you are unable to prove?

A.  This we felt we could not prove.

Q.  You felt on the evidence that the correct party won the election?

A.  No.

Q.  This is what you said?

A.  No.

Q.  You felt you could not satisfy a court on an election petition?

A.  Yes.

Q.  You felt you could not satisfy a court that your party should have won and not the other party?

A.  Yes.

Q.  Do you have respect for the law? 

A. Very much so.  I do believe however that when a law is wrong I should struggle to change it.

Q.  Do you mean a struggle by Democratic means?

A.  By all means apart from violence.

Q.  That is your answer.

A.  Yes.

Q.  That means you approve of bribery, corruption and perjury?

A.  I don’t.  This would be against the law itself.

Q.  On 26th March, 1972 at Gordon Square did you make a political speech?

A.  I may have.  I can’t remember.

Q.  Did you say in that speech “If I have done something against the law they only have to arrest me tomorrow morning”?

A.   It’s logical, I might have said it.

Q.  “I will obey only the law which I consider just”?

A.  No, I don’t remember saying that.

Q.  But you said here that you wouldn’t obey an unjust law?

A.  I have never said that.  I  have said that I shall struggle in order to get an unjust law abolished.

April 20, 2007
Copyright 2007: Seychelles Weekly, Victoria, Mahe, Seychelles