Down Memory Lane
Le Nouveau
The trial started in July 1972 and lasted for several months. The presiding judge was Chief Justice Sir Georges Souyave. Mr. Guy Pool was represented by a brilliant Kenyan attorney, Mr. Kapila co-counsel to Mr. Valabhji. Mr. Kapila made his name in the trial of Jomo Kenyatta where he appeared as junior Counsel. Mr. Grimett appeared for the Crown and conducted the case for the Prosecution. Mr. O’Brien Queen was the Attorney General at the time and he was subsequently arrested and deported from
The Guy Pool trial
In its last few issues Le Nouveau Seychelles Weekly published the two statements given by Guy Pool to the police after his arrest. Both statements were admitted by the Courts as exhibits. In his statements Guy Pool raised an alibi defence by claiming that he was at a dance at the Baie Lazare Social Centre at the time of the explosion, when asked about his whereabouts on the night of the explosion at Reef Hotel by the police. The Prosecution called several witnesses to refute Guy Pool’s alibi by showing to the Court that Guy Pool was in fact not telling the truth in his statements to the police. Last week we continue with the evidence of the Prosecution’s star witness namely:
Mr. Stanley Hermitte
Mr. Hermitte single handedly destroyed Guy Pool’s case with his damning testimony! Hermitte continues...
Q. Why not?
A. Because they said they would kill me and I feared them.
Q. On the 28th you said you were even more scared?
A. Yes.
Q.You said Guy met you on 28th and asked you whether the police had come to see you and had taken a statement from you the night before. You said Guy met you on the 28th and told you that the police was coming to take statement from you that night?
A. Yes.
Q. What time was the statement taken from you that day?
A. At about 10 p.m.
Q. It was on that day that Guy had told you the police was coming to see you?
A. Yes.
Q. Did he also ask you whether the police had already taken a statement from you the night before?
A. Yes.
Q. He said so at the same time?
A. Yes.
Q. Did the police come to you or did you send for them?
A. They came to where I was working at W & C French, Anse Aux Pins.
Q. The only reason you didn’t tell them about the whole matter was that you were scared, terrified?
A. Yes.
Q. Did you say in your statement of 28th July “Un autre point qui fine faire moi revoile za z’affaire bombe c’est a cause peure Guy Daphne yne faire moi (one other reason which made me divulge this bomb incident is because of the way Guy’s sister Daphne has done to me)?
A. I did not say so.
Q. That was not the reason?
A. No.
Q. And you never said that to the police?
A. No.
Q. And you never said that to the police?
A. No.
Q. Did you say “nous fine ménage ensemble pendant 9 ans, moi ennen 2 enfant avec (we were in cucubinage for 9 years. I have 2 children by her)?
A. I said so.
Q. “mon fine travaille mon fine donne li tout mon l’argent ( I have worked and I’ve given her all my money)?
A. Yes.
Q. “Mon ti devrait ennan ou monis Rs.5,000. ramasse” ( I should have had at least Rs.5,000. saved)?
A. Yes.
Q. “Tout sa qui nous fine acheter ensemble y fine place lo son nom” (everything we
Have bought together she has put on her name)?
A. Yes.
Q. “L’heure nous fine quitter y fine prend tous sa qui nous ti ennan” (When we
seperated she took everything we had ?
A. Yes.
Q. “L’heure mon demande li mon part, y donne moi un lilit, un matelas ec un pair
chaise plastic (when I asked her for my share she gave me one bed, one mattress and a pair of plastic chairs” ?
A. Yes.
Q. “L’heure mon demande li si sa meme tout y dire moi oui (When I asked
her if that was all she said yes”?
Q. I put it to you that the whole of your demeanour in the box shows your sense of shame?
A. I do not know.
Q. Is that your statement you made to Servina on the 28th July (Statement read out the Court
Interpreter)?
A. Yes.
By Court :
Q. Is it correct?
A. Yes.
Statement produced, admitted and marked Exhibit 1. No objection.
Re-Crossexemination :
Q. Where you live at Anse Aux Pins, you know Guy’s house where he lives with his brother Yvon?
A. Yes.
Q. For Guy to get to his house via Orangine say from Reef Hotel does he have to go on the level, uphill or downhill?
A. He goes on a flat level and then uphill.
Q. From Reef Hotel to Daphne’s house how would he have to go by a direct method not
passing via Orangine?
A. He would go on flat land.
Q. If somebody was going from Reef Hotel to Ratnan’s shop and there to decide whether to
go to Guy’s house or Daphne’s house which would be the uphill route and which would be the downhill route?
A. From Ratnan’s shop if he is going to Daphne’s he will go downhill and to go to Guy’s
House he will go uphill. It is gradual uphill. From Ratnan’s shop to Guy’s house is about same distance from Ratnan’s shop to the public road on the seaside. Ratnan’s shop is same distance from Guy’s house and the public road. Ratnan’s shop is not on the public road. It is about from here to Adam Moosa’s shop from Ratnan’s shop to the public road (estimated 100 yards). It is 300ft. on the mountain side of the public road almost opposite Anse Aux Pins police station.
Q. How does one cross the marsh which Guy said he crossed?
A. You go over a bridge. It is not a wooden bridge. I think it is cemented. I work for W & C French. I do not know whether French built the bridge. I have been shown 2 statements on which I have put my thumb print. I put my thumb print on 3 statement. I have been to school. I do not read or write. I went to school until I made my Holy Communion. I went to school at 6 and left at 11. I haven’t been to school since. I can’t sign my name. When I’m not minding Daphne’s children I work. I even go to sea. With French I work at night. I am a night watchman. Before that I was a baker. I can tell the time. I can read a watch. I do not have a watch. I did not have one on Sunday 13th or Monday 14th February. I estimate the time.
Q. In chief you said it was ¾ hour after the explosion when Guy came to your place whereas
in your statement you said 2-3 minutes, can you account for that difference in time?
A. I did not know the time and I did not estimate the exact time it was.
I say it is about 3/4 hour between the time I heard the explosion and time Guy came home. I had fallen asleep before he came.
Q. You say the reason you gave Exhibit H is because you were frightened they would kill you?
A. Yes.
Q. Who were frightening to kill you?
A. Guy and Daphne.
Q. Are you still afraid?
A. Yes.
Q. Have you told the truth in the witness box here?
A. Yes.
Q. My friend suggested you should be ashamed of what you did. Are you ashamed of telling the truth?
A. Yes.
Q.“mon demande li l’argent qui y fine mette la banque lo son nom y dire moi qui moi mon
n’a pas l’argent” (I asked her about the money she put in the bank on her name she tells me there is no money for me) ?
A. Yes.
Q.“dans le moment mon rester avec mon maman a Anse Aux Pins” mon passe cote Daphne Juste pour moi voir mon piti (at present I live with my mother at Anse Aux Pins, I go to Daphne’s only to see my children) ?
A. Yes.
Q. “A present mon travaille comme watchman cote W.& C. French at Anse Aux Pins since
20th July ?
A. Yes.
Q. This was not your reason for devulging the bomb incident to the Government ?
A. No.
Q. Why did you tell the police all this?
A. Because she turned me out of the house.
Q. Rs.70,000.—is a lot of money than a bed, a mattress and 2 plastic chairs?
A. It is not because of that that I gave the information.
Q. Why did the police write this sentence in the statement that another reason you divulged the bomb incident is because of what Daphne did to you?
A. I told the police this when I made the statement and I said everything together.
Q. Did you say that one of your reasons for divulging this information was this?
A. No.
Q. What made the police come to you?
A. For me to make a statement about the bomb incident.
Q. What urged them to come to you on the 28th?
A. I took information from a person, the police came up and I made a statement.
Q. Who is that person?
A. Ptit Bert Laporte.
Q. Yesterday you said that you consulted Ptit Bert about this matter?
Q. You approached Ptit Bert Laporte?
A. He came to where I was working. I called for him. He was doing his rounds and I called
him.
Q. You asked him “If I give information to the Government about the bomb will I get into
trouble”?
A. Yes.
Q. It was that which was worrying you and not that Daphne and Guy would kill you?
A. She had turned me out and she could have killed me and that is why I told the police.
Q. What kind of trouble did you have in mind?
A. Whether I would die or whether something would happen to me.
Q. Die in what way?
A. In case they killed me.
Q. You asked Mr. Laporte whether Daphne or Guy might kill you?
A. Yes.
Q. You were not afraid to divulged something to Laporte with all this fear inside you?
A. I was no longer afraid, I knew I would die but I could not care.
Q.You said you were more scared?
A. Yes I was afraid when I said that to the police. I had to be afraid.
Q. You were not afraid when you spoke to Laporte?
A. I was afraid and I was always under fear.
Q. Since Daphne and Guy had succeeded in frightening you into silence for 5 months and
managed to get you to tell lies in that period to you want us to believe that Guy offered to compensate you on 28th July if you kept quiet.?
A. He told me that.
Q. Did you ask him how much compensation?
A. No.
Q. You did not say one more plastic chair or didn’t you ask how much?
A. No.
Q. You were keeping silence out of fear in any case?
A. Yes.
Q. All he had to tell you was that if you told the police anything he would kill you.
Court :I disallow the question
Q. Can you suggest any reason why he had to offer compensation to you on 28th?
A. Because he’d heard I was going to inform the police.
Q. From whom would he have heard that?
A. His brother Yvon.
Q. Who had told Yvon so?
A. I don’t know.
Q. You had not decided that you would inform the police?
A. I had.
Q. When?
A. 28th.
Q. On that day?
A. Yes.
Q. Who did you tell it to?
A. Ptit Bert.
Q. Did you tell Ptit Bert all the information you had about the bomb?
A. No.
Q. Guy told you he was going to
A. Yes.
Q. He was informing somebody whom he knew was to inform the police that night?
A. Yes.
Q.And offering you a compenstation?
A. Yes.
Q. More than Rs. 70,000.--?
A. He did not say.
Q. What time did you see Ptit Bert?
A. About 10 p.m.
Q. Which day?
A. I don’t know.
Q. The day you made the statement?
A. No.
Q. How many days before?
A. About 3 days.
Q. Have you been paid the reward yet?
A. No.
Q. When are you getting it?
A. I am not asking for any reward?
Q. You’ll refuse it if you’re given it?
A. I would take it.
Q. I put it to you that you’ve done most shameful thing in this case. I put it to you that out of a quarrel with your concubine you manufactured a series of serious lies?
A. No
Q. My friend suggested you should be ashamed of telling the thruth.
A. No.
Q. Were the statements you made to the police made on oath. Is this the first occasion you give evidence on oath about this matter?
A. Yes.
Q. Could Guy have used your bicycle on the night of 13th/14th February, 1972?
A. No.
Q. Why not?
A. Because the inner tube had burst.
Court
(P.W.3 Antoine Laporte is called into Court)
Q. Who is this man?
A. Ptit Bert Laporte.
Q. That’s the man you mention in your evidence as Ptit Bert Laporte?
A. Yes.
Q. I understand you have two children by Daphne?
A. Yes, one in 2 years old, the other is 5. A boy and a girl. The girl is 5.
Q. When you made statements to the police were you questioned by the officer who took
down the statements?
A. When I was at the prison an officer questioned me.
Q. Did inspector Servina question you when you gave a statement to him?
A. Yes.
Q. Did P.C Hoareau question you too?
A. Yes.
P.W. 12 Commander, Samuel Leckey (sworn)
Samuel Leckey, Commander Police Scotland Yard,
To my knowledge he has made one statements which I referred to Exhibit H. I understand he made a 2nd statement during my absence from the island. I have not seen Hermitte since April.
By Court
There were two of us officers from Scotland Yard. When I interviewed him I might well have had a pen and pencil with me. I do not recollect having a piece of paper with me. The interview with him was made through an interpreter – Det. P.C. Morel. He may have a notebook and pencil with him. I do not recollect.
Cross-examined :
I been here twice in connection with this case. On one occasion I understand I was on the same plane as you. When I questioned Stanley Hermitte I did not record the statement. I was making routine inquiries in the bomb case. I interviewed many people. I could not give as estimate.
Q. About a hundred?
A. Yes. Everybody I thought could possibly give a statement about the case and Hermitte was on of them. I have been in the Scotland Yard for 25 years. I questioned Hermitte on Exhibit H. It was outside his home address, Anse Aux Pins, sitting in a car. I was trying to obtain any further information which I could.
I had many reasons to doubt many things during the course of this inquiry. In so far as this particular statement was concerned I am not in a position to say whether it was true or false. The interpreter did not record anything – not to my knowledge. Hermitte was not asked to thumb print anything at the end of the interview. I am positive. We had no facilities for taking his thumb print.
I interviewed the accused. He had previously made statements. I did not record anything. He spoke to me in Eng 1.
I did see Daphne Pool on one occasion. I think I discussed her statement in the same way without record anything.
I do not recall at the moment whether I interviewed one Harry Bonte. I am unable to say whether I interviewed one Claude Vidot. As I said I interviewed many people. I can’t say whether I personally interviewed Rene Vidot. His name rings a bell in so far as a statement was taken from him by the police. To my knowledge I did not interview Amede Larue on my first trip. On my 2nd trip I interviewed Amede Larue in connection with another matter which I don’t think will be in your client’s interests. I interviewed him a few days ago. I do not remember the date. (Show Exhibit F) I was not present when this statement was taken.
(Shown Exhibit G) I was present when this was taken. This is the one I have mentioned.
Q.Are you happy with investigations in this case?
A. I am well satisfied when one speaks of “happy” one thinks of jollification. I don’t think there’s anything in this case to be jolly about.
I interviewed a few people on my 2nd trip here – 3 or 4 perhaps more. I questioned them. I did not record any statements from them. Some are among the prosecution witnesses in this case. I did not make any notes of any witnesses.
P.W. 13 Sgt. Greatley (Sworn)
Allan Greatley – Police Sgt Detective New Scotland Yard. I have been working with Commander Leckey in the investigations in this case.
We interviewed Stanley Hermitte in connection with this case. I personally interviewed him twice. I was with Commander Leckey. That was on our trip here. I would think it would be about end of March. There was a statement with Hermitte. It was to know in our own minds if what was written down was in fact what he was saying. I did not take any notes. I do not think Commander Leckey took any notes. This was done through an interpreter. He did not take any notes. Hermitte was not asked to thumb print any document.
I saw Hermitte again on this present visit, I think about 2 weeks ago. That was to try and get from him the layout of his house where he stays at Anse Aux Pins together with the address where a certain woman lives. There were no notes taken of this interview. I draw a diagram to show me the location of the house. It was solely for my benefit. I had paper and pencil in my hand. I did not take any statements. Hermitte was not asked to thumb print my document. The interview lasted about 5 minutes. I have not seen Hermitte since then. I saw him at the prisons. I had a local policeman with me. The first interview took place in a vehicle outside his home address at Anse Aux Pins.