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 ended with the evidence of the Prosecution’s star witness namely:
Mr. Stanley Hermitte
This week we look at the testimony of another Prosecution witness namely, Inspector David Ashford. David Ashford admitted that he had mistakenly arrested Pti Claude Vidot instead off his brother Flake Vidot.
Q. You hoped that in the interval you might get an incrimination statement?
A. No.
Q. This man who did not give you a statement but who made allegation that you were trying to get him to make a false statement was released?
A. He was released.
Q. Did you find out that it referred to Claude Vidot?
A. I found out that Claude Vidot was also known as Flake.
Q. Claude also failed to make an incriminating statement?
A. He didn’t make any statement.
Q. Did you try to take a statement from him?
A. No I did not.
Q. When he was brought to Court and the charge was read against him to which he pleaded not guilty was the charge withdrawn against him?
A. I was not in court but I believed it was withdrawn.
Q. Of the 5 people arrested in connection with this matter, Crown is prosecuting against 3 people who made incriminating statements against themselves and dropped the charge against the 2 who failed to give incriminating statements against themselves?
A. Yes.
Q. Did you consider you had sufficient evidence against Claude Vidot when you arrested him?
A. I hoped to find further corroboration.
Q. That didn’t come forth so the case was dropped?
A.G: The charge was dropped on my instructions.
Q. Did you find further material after you arrested him?
A. No.
Q. You were looking for a confession from him?
A. No, I disagree.
Q. Have you heard the name of Danny Samsoodin?
A. I have.
Q.Was he prosecuted before the Magistrate in case 1404/72?
A. He was posecuted.
Q. On a charge of stealing by clerk?
A. Yes.
Q. In that case prosecution was relying on a confession by accused among other things?
A. Yes.
Q.You were one of the principal witnesses in relation to the confession?
A. I was a witness in relation to the confession.
Q. You had not taken the statement yourself?
A. No.
Q. Were you present when it was taken in your office?
A. Correct.
Q. But you were in the background?
A. Yes.
Q.You gave evidence that it was a voluntary confession?
A. Yes it was.
Q. Was it rejected by the Magistrate?
A. I understand the accused was not convicted. I did not follow the case through. I know the confession was rejected but I don’t know on which grounds. I was told by the prosecutor that accused was acquitted and he was vague and said it was because of the confession. I am a busy man. I did not have any involvement in the inquiry of that case. I understand the confession was rejected. I did not read anything. The prosecutors hare vague sometimes. I was told that my evidence was accepted but there was some discrepancy. It is not my normal practice to stay in the background. Accused was acquitted. It was before Mr. Walsh. I know of a case earlier this year against Alone Ahtive. It was heard by Magistrate Moutia.
The Attorney General raised an objection to the witness being cross-examined about the case of Alone Ah-Tive. After Mr. Kapila had replied that the case shows the procedure followed by the witness – the cross-examination of Mr. Ashford continued.
Mr. Ashford : I gave evidence in connection with the confession in that case. I understand it was rejected. I had not carried out the investigation. The man didn’t speak a word of English.
Re-examination: I brought accused and Daphne before the Magistrate on Monday 31st July. Mr. Valabhji did not raise the question of jurisdiction. He objected to the accused being detained at the police station. It is false that I back slapped, and punched and pushed the accused.
Usually a message came to me that one or more of the prisoners had a problem and wanted to see me. I would go to the cell to inquire and it would usually be things such a “can I see my wife”? “Can I have clean clothes” or “can I buy something”.
Accused had in his prisoner’s property quite a large sum of money and he wanted to give it to his wife. I made the arrangement for the money to be given to her. On another occasion he complained about the food. I believe he liked me and he knew I answered his problem for him. I do not know whether he looked upon me as a friend. I was the senior officer there. I looked upon him with respect and whenever he had a problem it was sorted out rapidly.
No further questions. Witness excused from court. Available if required.
P.W 17 Insp. Lau Tee (sworn)
Antoine Lau Tee. Det. Insp. of
I remember the evening of 31st July, 1972. On the night of 31st July/1st August I was the officer on duty at the Central Police Station. At about 2.30 a.m. I was doing a routine cell inspection when Guy Pool told me he wanted to see Mr. Ashford. He wanted to make a statement. I asked him if he would wait until the morning but he insisted on seeing Mr. Ashford. I tried to contact Mr. Ashford and I saw him at 3.40 when he, Det. P.C. Wenyam and W.P.C. Stravens came to the station. I immediately informed Mr. Ashford of the matter. Guy Pool is the accused here.
Guy Pool appeared well. He had no complaints to make to me. Daphne Pool was in a cell at that time. Guy shouted across the cell, he said “Daphne I am going to make a statement, you also say what you know”. He said so in creol “Daph, mon pou alle donne un l’evidence, ou aussi dire sa qui ou connaît. That was at 2.30 a.m. Daphne answered « be bon » (alright then).
I think there were about 3 cells in between those of Daphne and Guy. The cells are completely separated. In front there are grills. They are separated by stone walls. I informed Mr. Ashford what Guy had asked me and I went back to my office at the Control Room. I did not see Guy Pool again that morning. I saw him when he, Daphne, Mr. Ashford and P.C. Wen Yam and W.P.C. Stravens were going towards the CID Office. There was one Desnousse in a cell between Daphne and Guy at the time.
At ¼ past 4 I recorded a statement from Daphne. I did not use any threat, promise, inducement or force on her. Nobody else did in my presence or to my knowledge. I did not hear any screams or cries from anybody that morning. I do not know whether Mr. Ashford visited the cells at any other time on Sunday evening or Monday morning. The key to Guy’s cell was kept in the charge room, inquiry office downstairs. I cannot say whether the key was removed that evening. There was a corporal in charge.
Cross-examined :
Q. Accused told you at 2.30 a.m. that he wanted to make a statement?
A. Yes.
Q. How did he get this message through to you?
A. I was visiting the cells. He did not call for me. I walked along the cells. When I walked along the corridor I passed his bunk. Then I passed Denousse’s cell, he was lying down. He appeared to be asleep. Guy was sitting up. I suppose he was awake. The last was Daphne. She also was lying down. She appeared to be asleep. I did not talk to her or to any of them. This was a routine check, looking through the grill. There was a light outside the cells. I could see them by that light. After I’d passed Daphne’s cell I walked back. On my way back Guy called me. I was in the corridor. He said he would like to see Mr. Ashford. He said “I want to make a statement”. I said “Would you wait till the morning”. I didn’t think of getting Mr. Ashford out of bed at that time. It was 2.30 a.m. I am an experienced senior policeman, I did not know whether accused was represented by Mr. Valabhji. I did not know that he had been in court that morning. I knew he was in detention. I saw Guy on Monday for the first time. I was on duty on Saturday and Sunday. I did not attempt to get him to wait until morning only because I didn’t want to get Mr. Ashford from bed. I thought he was not too much in a hurry but in insisted. He was asking for Mr. Ashford. I did not offer to take his statement myself. I did not offer to take it. I speak good creole, much better than Mr. Ashford who needs an interpreter. It depends on who is making a statement to Mr. Ashford to find an interpreter. I have 12 years experience in the police force.
Q. You know that confessions at 2.30 a.m. looks odd?
A. It depends on circumstances. If it was a serious case I would have taken it there and then. If the person wished his statement to be taken then I would take it. I looked for Mr. Ashford around the police station. My first impression was that he was at home sleeping. I rang his house and got no reply. I asked someone around the station, a constable on duty and said Mr. Ashford was seen earlier at the station. I had not seen him. I was on duty that night. Mr. Ashford was not on duty at the station that night. When there are prisoners in the cells I make a routine check at least once a night sometime more than once. It’s the function of the duty officer. There’s no set time for the check. I looked around for Mr. Ashford in the building. I did not find him. Then I said to the men on duty that if they saw Mr. Ashford to let me know. I don’t know to whom I said. I suppose I said so to more than one. I can’t remember. I had no reason to believe that Mr.Ashford would turn up at the station that morning. It was a coincidence that he in fact turned up that morning. He came with 2 creole speaking policemen. That was around 3.40. For one hour I did not attempt to take the accused’s statement myself. I have not discussed my evidence with Mr. Ashford since yesterday. I wrote a statement for the police in this case.
Q. Did you say “I sent for Supt. Ashford”?
A. Yes.
Q. He arrived at the station some time later together with Det. P.C. Wen Yam and Det.W.P.C.F. Stravens?
A. Correct.
Q. Did you sat “at about 2.30 a.m. on 1st August 1972, I was doing a routine inspection of the cells when Guy Pool and Daphne Pool told me they wished to make a statement?”
A. Yes.
Q. Do you agree that in court you said nothing about Daphne saying she wished to make a statement?
A. I said that she said “be bon”?
Q. Is that what you meant?
A. Yes.
Q. By those words she was saying that she would make a statement?
A. Yes.
Q. “I asked then if they would wait until the morning”?
A. I said so.
Q. Did you say that to Daphne?
A. No.
Q. “But insisted to see the investigating officers”?
(Witness is shown the statement)
A. That’s how it is written. I wrote it out roughly and I had it typed. I don’t have the original copy.
Q. Who were the investigating officers?
A. I’m sure I meant “officer”. I wrote plural by mistake.
Q. “I sent for Supt. Ashford”?
A. Yes.
Q. There is nothing to suggest that accused asked for Mr. Ashford. He asked for the investigation officer according to your statement.
A. To Court : The investigation officer was Mr. Ashford.
By Mr. Kapila :
Q. According to the statement both accused and Daphne wanted to make a statement and you told ‘them’ both to wait until morning?
A. The word “them” should have been ‘him’?
Q. They insisted on seeing the investigating officers?
A. That too should have been in singular. Daphne did not wish to see anybody. I know the investigating officer was Mr. Ashford. The accused asked for Mr. Ashford. He specifically asked for Mr. Ashford.
Q. Mr. Ashford, Mr. Wen Yam and Miss Stravens live at different addresses?
A. They do.
Q. Separated by long distances?
A. Yes.
Q. You said “both Guy Pool and Daphne Pool were released from their cells and taken to the C.I.D. office”?
A. Yes.
Q. By whom?
A. I don’t know. I saw both of them being taken up together.
Q. Who was taking them up?
A. There was a group walking. Mr. Ashford, P.C. Wen Yam, W.P.C. Stravens, Guy Pool and Daphne.
Mr. Kapila : I produce the statement.
Q. Is that the statement you recorded and signed?
A. Yes. Exhibit T. (No objection)
Q. You agree there’s not a word in it about your evidence today that Guy shouted across the cells “Daph I’m going to make a statement, you also say what you know?”
A. I agree.
Q. You agree the statement has anything in it to the effect that she answered “all right”?
A. Yes.
Q. I put it to you that you lied in your evidence this morning in a number of respects?
A. That’s not correct.
Q. That part which is not in your statement, you’ve just made it up today?
A. No. I omitted it. When I wrote the statement I did not think of it. It came to my mind from question by the prosecution.
Q. You have to make it up because 2 people in 2 different cells suddenly get an urge to make a statement at 2.30 a.m.?
A. I don’t agree.
Q. I suggest to you that your evidence “I tried to contact Mr. Ashford” and about phoning his house differs from your statement that “you sent for him and he came” because you know that Mr. Ashford gave a different evidence yesterday?
A. No.
Q. The statement was made by you on 15th August?
A. Correct. I made the draft the same day. I made only one draft. It was on a rough piece of paper which I destroyed.
Q. Accused said to you or he and Daphne said “we or I want to make a statement (s)” didn’t you think it was important to make a record at that time?
A. I did not record any statement at that time. The first draft I made was 15th August apart from notes which I made in my notebook later that morning. I have my notebook with me.
Q. May I see your notebook.
A.G : Witness cannot be compelled to produce his notebook para.1391 – Archbold.
Mr. Kapila : I leave the question.
Q. Did you tell the accused anything about La Gigolette that night?
A. No.
Q. Did you know that Mr. Ashford was at La Gigolette that night?
A. No.
Q. Do you remember accused that night telling you Mr. Ashford had beaten him?
A. No he did not
Q. Do you remember him telling you he wanted to go to the toilet but the policeman had said he did not have the key to the cell?
A. No he did not tell me.
Q. You said you never heard Daphne crying or screaming that night?
A. I did not hear.
Re-examination :
Q. If you had taken a statement from Guy Pool at 2.30 a.m. would there have been another senior officer to look after the station?
A. No.
No further questions.
We reproduce below the statement of Mr. Lau Tee made to the police on 15th August, 1972. “I am a Detective Inspector of the
On the 25th February, 1972, Major Geoffrey W. Biddle handed to me a piece of metal (Exhibit DEA/1) which I photographed. On the same day, I returned the piece of metal to Major Biddle. The photograph was printed from the unretouched negative kept in my possession. (I produce Exhibit AL/1).
On 31st July, 1972, I was the duty officer at the Central Police Station. At about 2.30 a.m. on 1st August, 1972, I was doing a routine inspection of the cells when GUY POOL and DAPHNE POOL told me that they wished to make a statement. I asked them if they would wait until the morning but insisted to see the investigating officers. I sent for SUPT. ASHFORD. He arrived at the station sometime later together with Det. Constable Wen-Yam and Det. WPC F. Stravens. Both GUY POOL and DAPHNE POOL were released from cells and taken to the C.I.D offices. At 4.10 a.m. on 1st August 1972, Supt. ASHFORD requested me to record the statement of DAPHNE POOL. I recorded her statement in the presence of WPC F. POINTE, starting from 4.15 a.m. and ended 4.55 a.m.
She was cautioned and made a voluntary statement in Creole. It was read over to her, she has signed it as being true and correct. (I produce this statement – exhibit AL/2.
At 6.15 a.m. on 2nd August, 1972, I received a phone call at my house,
(Sgd.) D/INSP.A.LAU-TEE
P.W. 16 Det. P.C. Dominic Jack Leong WEN Yam (sworn)
I am police constable attached to C.I.D HEADQUARTERS and I’m a police photographer.
On 14th February, 1972 I went to Reef Hotel. I went to photograph a scene of explosion at the Reef Hotel. I took 9 photographs of the scene. On Friday 18th February around 3 p.m. I further took another 13 photographs of the same scene of explosion at the Reef Hotel. I have 22 negatives. (shown 1 – A22). These are the photographs which I took. I have made out a list of what each photo represents. I developed the negatives.
I remember Saturday 29th July, 1972. Around 3.15 p.m. I accompanied Dept. Supt. Ashford to the house of Guy Pool, Dans Berlain, Anse Aux Pins. Arriving at the house Mr. Ashford told the mother of Guy Pool that he had a search warrant to search her house and that of her son Guy Pool. Mr. Ashford asked me to translate to her into creole which I did. Shortly afterwards Guy Pool arrived on the scene. Mr. Ashford told him that he was making inquiries about the case of explosion which occurred on 13th February, 1972, at Reef Hotel. He showed him the search warrant and then Mr. Ashford said to him again that he was arresting him for being involved in the explosion. Mr. Ashford cautioned Guy Pool and Guy made no reply. After the search he was later brought to Anse Aux Pins Police Station and detained. I know Guy Pool. He is the accused. I know him fairly well. He went to the same college as I. I later brought Guy down to Central Police Station where he was later detained. I saw Daphne Pool that day. It was about 4 p.m. I saw Mr. Ashford and heard him say to Dahpne Pool in front of Anse Aux Pins Police Station that he was making inquiries into the Reef Hotel explosion which occurred on 14th February 1972. He showed her the search warrant and we later went to her house at
Around 11.15 a.m. on Monday 31st July I was in Mr. Ashford’s office where Guy Pool was formally charged by Mr. Ashford. Around 3.45 a.m. on 1st August, 1972, I received instructions from Mr. Ashford to take a statement under caution from Guy Pool. I brought him to Mr. Ashford’s office with WPC Stravens. I gave Guy Pool a chair and I reminded him that I understood he wanted to make a statement. I clearly told him again that he was not obliged to say anything unless he wished to do so but whatever he said may be taken down in writing and may be given in evidence. I told Guy Pool if he wanted to write his own statement. He told me no, he wants me to write what he wants to say. I again warned him that he was not obliged to say anything unless he wished to do so but whatever he says would be taken down in writing and may be given in evidence. I made him sign the caution which he did and he started the statement in creole and which I recorded. After the statement was read to him Guy Pool said to me to read it for him which I did. After the statement was read to him Guy Pool told me he had nothing to add, correct or alter. I made him sign and I certified afterwards the time ended, statement read over to him in the presence of W.P.C Stravens. W.P.C Stravens was present throughout the taking of the statement. I did not use any promise, threat or inducement. The statement started at about 3.40 or 3.45 a.m. I have the statement with me (asked to look at it). It started at 3.40 and ended at 6 a.m. Both times were noted in the statement. Guy Pool signed the certificates above to the effect that he told me to read the statement to him which I did and he was warned that he could correct alter or add anything he wished and that he had given the evidence voluntarily.
I cautioned him. He signed the caution. He wanted me to write down the statement. I wrote this down. He signed it. The caution he signed was in creole. He signed “moi Guy Roger Pool mon ouler donne un l’evidence. Mon ouler qui detective constable Dominic Leong Wen Yam y ecrire sa qui moi dire. Mon fine gagne averti qui mon pas obliger dire narien du tout a moins qui mon ouler dire quec chose, mais sa qui moi dire y va mette en ecrire et y a capable servi en evidence”. He signed this. When he had finished the statement I handed it to him to read and I warned him that he could add, alter and correct as I did before. He told me he wanted me to read it to him which I did. I wrote this down and he signed it. “Sa l’evidence qui Constable Dominic Leong Wen Yam ine lire avec moi y vrai. Mon fine gagne averti qui mon capable arranger, ajouter our corriger sa wui mon ouler faire. Mon fine donne sa l’evidence volontairement”. He signed this. W.P.C. Stravens signed it. I read it over to him and signed it myself. I put the date and time. I made him sign at the end of every page and every caution and certificate. All together he signed 11 time. The whole statement was taken down in creole. I read it back to him in creole. He spoke to me in creole and I spoke to him in creole.
Q. Will you produce this statement.
Mr. Kapila: I object on ground that it is not a voluntary statement for the reason that it was induced by promises and threats and the use of violence and on the ground that it was not taken in accordance with the Judges Rules. None of the rules which witness spoke to was in fact followed. Accused was asked question throughout.
A.G. : Onus is on me to show it was voluntary and I have proved that so far.
Witness : I did not ask the accused any questions during the statement. I did not make any promises to him. I did not use any threat against him or his family or property. Nobody threatened him in my presence. Nobody promised him anything in my presence. I did not use any violence against him. I did not see any violence being used against him. W.P.C Stravens did not use any promise, threat or inducement to accused. There were only 3 of in the office but Mr. Ashford came in once or twice and on one occasion I saw him with a white book in his hand and with which he walked out. He never talked to the 3 of us or to any of us. Accused asked to go to the toilet two time and I sent W.P.C Stravens with him. He was away for about 2 minutes each time. He asked for a glass of water on two occasions and he was given it by W.PC. Stravens. He did not smoke. He did not ask for anything else. During the course of the statement Guy Pool sometimes had to think and I did not force him to do anything and only waited for him until he was ready to carry on with his statement. He looked to me a bit worried but I can’t say for sure whether he was. He did not look as he looks now. Now he is a normal chap. He looks like anybody else. He looks different from someone with something on his mind. He drank his water slowly. He sipped it during the course of his giving statement. I did not give him any alcohol.
I have had such long statements as that of accused before. I gave him every opportunity to speak. I did not force him to speak. The statement was voluntary.
At times he paused before continuing. He paused for a minute. He paused several time and I waited until he was ready to proceed. There are 4 fullscap pages of the statement written on both sides i.e. 8 pages. Each page is signed by Guy Pool.