DOWN MEMORY LANE
“Prison food has no taste”, says Guy Pool
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
Last week we ended with the start of the re-examination of Joe Martinez. This week we start with the submission of counsel for the defence, Mr. Kapila. Chief Justice Souyave ruled that the accused has a case to answer. The accused in the case Guy Pool gave his testimony, choosing to give evidence from the witness box. We end with the cross-examination of Guy Pool, in which he complained about the food given to him in custody. “At 12 o’clock I got the same food as the previous night from prison. I did not know what kind of food they would send me but I told him I could not eat food from prison. They sent rice, fried fish and broth. At home I ate rice, curry, salad and things like that. I eat fish curry. Sometimes I drank soup. Prison food was quite different from what I ate at home. Prison food has no taste.”
P.105 typed script “trial within trial commences. Remarks of A.G.” Previous pages – evidence of Wen Yam from P.105 on the caution and compliance of Judges’ Rules. I cross-examined and again there’s no mention of caution and statement. It’s not produced. It’s not marked for identification or other wise. It’s not with the court P113 – W.P.C Stravens refers to document in prosecution of P.W. 16. She is shown and asked questions about it. I submit 1st defect in this case. Prosecution did not recall witnesses who he had called in main case. He recalled Ashford. No witness produced document in trial within trial. Your Lordship can’t rule on any document before court. Fundamental and unique defect. Object is for Judge alone to examine the document. He sends Jury and assessors out if he was judging with them. Court must look at document. None of this is possible here because court does not have the document. Court can’t rule on the document. Your Lordship asked to rule on something not in its custody. There is Mr. Wen Yam who tells story which is intrinsically improper. He is walking around the town with his superior and does not ask him what they are looking for . He leaves his office where he is a filing clerk. He normally goes home at 4. That night he stays. He wanders around town also in company of W.P.C. They come back to station and their arrival coincides with desire of Inspector Lau Tee to see Mr. Ashford, a desire which sprung from accused’s urge to see Mr. Ashford at 2.30 a.m. Inspector Lau Tee tried to contact him at home. Having failed to do so he did not try again. But later on Mr. Ashford turns up with P.C. Wen Yam and the W.P.C who has key to cell of woman prisoner.
Two persons in custody who have on 4 previous occasions refused to cooperate. He made 2 statements on 14th and 14th February. He was questioned by Scotland Yard and a statement taken by Mr. Ashford. At 2.30 a.m. now he wants to see Mr. Ashford. Across the cells he calls out “Daph I’m going to tell them everything and you do the same too,” and she without a pause says O.K. They’ve not been together before that and she immediately agrees to change her previous statements. Asking court to swallow this is impertinence.
Mr. Ashford in not curious as to what accused will say. He stays aloof, he who has spent months trying to investigate this case. He hands the main accused to P.C. He tells the P.C how to caution the accused. Earlier on he had miscautioned the accused. The P.C. does not know that there’s a change in Judges’. Anyway he does not say so in trial within a trial. He takes a statement from accused in presence of W.P.C. Stravens. Mr. Ashford does not want to know what is being said, only later do they tell him what was said. Then W.P.C Stravens gave evidence from her handbag she produces copy of her statement which she has read twice a day for 4 days outside the court. If you are going to say the truth what is the need for this. At 6.39 a.m. we have Commissioner of Police and his Deputy to come to the station when they usually come at 8 a.m. HE SENDS for the doctors. He forgets to see the p.c. on guard at the cell before and after midnight and does so only on 12th September. On 17th August Mr. Ashford takes statement from a witness that he heard no screams. How he heard that allegation? Even at that date he does not question the two cell guards.
This morning A.G. sends for proprietor of La Gigolette and who gives a statement to Mr. Stone. Is it proper to tell court that he was not approached by Mr. Ashford to remind him of the night of 31st July.
A.G.: Law on this point of trial within a trial is English law where Your Lordship is sitting with a jury. Crown seeks to produce statement. Defence objects. Jury is asked to retire. Your Lordship is not asked to decide on its truth but to decide whether it’s taken voluntarily. Your Lordship is sitting both as judge and jury. P.C Wen Yam gives evidence as to how he took statement. My friend objects to admissibility of statement.
Evidence before Jury is evidence in main trial. Evidence in main case is evidence in trial within a trial. If your Lordship rules statement is not admissible P.C. Wen Yam will not be called again whereas if Your Lordship rules it is admissible P.C. Wen Yam will have to be called again and in that case my friend wants the same evidence from one witness 3 times before the court.
Ruling: There is no fundamental error in the trial within trial. On the evidence produced by the prosecution on this issue I hold that the accused has a case to answer. Accordingly the submissions of learned counsel for defence are overruled.
Accused is warned of his right to give evidence in the witness box or from the dock on the admissibility of the statement. He elects to give evidence from the witness box.
D.W. 1 Guy Pool (sworn)
Guy Roger Pool. I first made a statement to the police S/I Dingwall on 14th February. That was in question and answer form. He wrote the answer and I signed it. I denied all knowledge of the explosion. I made a 2nd statement to P.C. Hoareau I the presence of Dingwall on 15th February. This was in creole and it was taken down in creole. I signed it. It was on the same line as the first one but it was more detailed. (At this stage accused says he will prefer to speak in creole and to have his evidence translated).
Witness continues in English.
The 3rd time I made a statement it was to a Scotland Yard Officer. That was at the Reef Hotel. They did not ask me to sign any statement. When I was arrested I did not make a statement to Mr. Ashford. After I was charged I said something to Mr. Ashford which was excluded by the court. I went to court on Monday 31st July. I had been in custody at the Central Police Station from Saturday and so was Daphne my sister. She was also brought to court that morning. We were kept in separate cells. I heard Mr. Valbhji asking that I should be kept in custody at the prisons and to which Mr. Ashford objected. He said the prison was not a sufficiently secure place. I had not asked Mr. Ashford to keep me at the Police Station for my protection.
On Monday night after I’d been taken back to the station I made a statement. It started about 3.40 a.m. It was given in creole. It was in Mr. Ashford’s office at Central Police Station. It was different from the statements which I had made before. Apart from being recorded on paper it was recorded on a cassette tape recorder. It was not a voluntary statement. It was a forced statement. I has to repeat what I was told to say. I signed it under pressure. I did not remember how many times I signed it but it was many times. Some days later on a Thursday I was taken to the Supreme Court, for a plea. I was taken from the prison department to the Supreme Court. My lawyer Mr. Rene came to see me in the cell on the day I was arrested. I do not remember at what time he came to see me. I told him to release me on bail because I was innocent but I had no witness. Mr. Rene said he would look into on the next day and he would see what could be done on Monday as he was sick with flu and had to stay in bed. I told him that Daphne had told me at Anse Aux Pins police station that Stanley Hermitte would be telling lies about us as she had left him. Mr. Rene said he would look into all that on Monday. Mr. Rene could have come at 7 or 7.30. Mr. Wen Yam talked to me. He asked me where I was on the day of the explosion and what was I doing at Baie Lazare. He came inside my cell. He asked me questions. He was with me for about 15 minutes. On Saturday night nobody else came to see me. On Sunday Wen Yam came again. It was just starting to get dark. It was on Sunday evening. He asked me the same questions but with more details such as with whom I went to the meeting and how I get to Bay Lazare. He did not record anything. He left me. I slept when he left but he returned sometime later. He spoke to me again. He asked me whether I would not like to go to another country. He did not mention any country. I asked whether he would not like to go himself. He told me he would be going very soon. He told me all sorts of reward people would get from the Government. Nothing was recorded. When Wen Yam left nobody else came. On Monday morning about 10.30 a.m. Wen Yam came to my cell. He told me that Mr. Ashford wanted to see me. I went with him to Mr. Ashford’s office. Arriving there Mr. Ashford handed me a piece of paper on which I was charged. He read from another paper similar to the one he gave me. He told me I would be brought to court. That was when Daphne and I were brought to Magistrates’ Court. We appeared before Mr. Wood. Mr. Valabhji appeared for us. Mr. Rene was in Supreme Court that day. I can remember parts of what Mr. Ashford said. He asked Mr. Wood to detain us at the police station for 14 days. Mr. Valabhji asked the Magistrate if he could not release us on bail and he said no. Mr. Valabhji asked him we could not be detained at prison department instead of the police station. Mr. Ashford replied that at the prison department there’s not enough security because over there people can escape easily nowadays. The judge granted Mr. Ashford to detain us at the station for 14 days. We went back to the cells. Wen Yam and Miss Stravens came to see me at 6.30 to 7. They told me if I was happy there. I asked them how could someone be happy in a cell and I don’t know why I had been charged. They told me they had lots of evidence against me and why didn’t I take their advice. I asked them which advice. They told me why didn’t I say that Mr. Rene made the bomb and sent me to put it at Reef Hotel, my sister and I would be set free and the Government will give us lots of money. I asked them if they were mad. They told me ‘mad’, you don’t know who Mr. Ashford is. If you keep on being stubborn you’ll soon know.
Later I was in my cell. I heard someone calling me from inside my cell. I woke up. I was sleeping. It was during the night. I do not know the time. I saw Mr. Ashford standing in front of my bed. Miss Stravens and Wen Yam were standing by the door. I sat up and Mr. Ashford sat near me. He asked me where I was on the night of 13th February, 1972. I started telling him. He told me to stop wasting his time with that kind of evidence. He has lots of evidence from other people and proof too that I was with other people in the bomb affairs. He said that if I give evidence my sister and I would be set free as soon as one most important person is arrested. I asked him who. He told me Mr. Albert Rene who gave you the bomb to put as Miss Stravens and Wen Yam told you before. I was surprised because although I knew that
Mr. Ashford told me “it’s your only chance because it will lead to Mr. Rene’s arrest and when he’s arrested you’ll be sent abroad with your wife, Rs.50,000.—and there will be a job waiting for you. I told him I cannot do a thing such as that because it’s inhuman. He told me “I warn you, you’ll be sorry to find yourself in prison for life, because we’ve got lots of evidence against you already”. I told him “they are all lies, I didn’t do anything and if Mr. Rene is guilty he didn’t do it with me”. He was angry and went away. I couldn’t sleep at first. I was wondering what it was all about but at last I fell asleep. I woke up when I heard a scream. I do not know the time. I listened. The scream came from upstairs. It resembled a woman’s voice. At first I could not recognize the voice but the scream went on for about 1½ minutes. The scream was “ayoyo maman, mon pe mort”. I had a feeling they might be beating my sister. I went to the door and looked through the bars. We continue the examination-in-chief of the accused Guy Roger Pool.
Accused stated: At first I could not see anything but after a while I saw Miss Stravens and my sister coming to the cell from the gate of the cells compound. My sister was crying. They passed my cell and went in the direction where Daphne was. I went back to my bunk, Mr. Ashgford came in my cell. I was not asleep. He was alone. I do not know the time. He pushed me with his right foot and said “wake up”. I sat up and he held me under my chin and pulled me up and said “are you ready to speak”. I replied I’m ready to say the truth”. He pressed me against the wall in my cell and said “I’ll beat you until you agree. Did you hear your sister a few minutes ago. She has got it and you’re going to get the same”. I was angry because I know then that she had been beating my sister. I shouted at him “why did you beat her”. He replied “why, you are going to get the same and more and remember no doctor and no lawyer will ever see if I’ve beaten you. It will be your word and your sister’s word whereas I have my Assistant to back me up and prove you’re liars.”. I said no I will not give any false evidence”. He gave me a back hand slap on the right side of my face and told me “remember this is only the beginning of the 14 days”. With that he went away closing my door. About 2 minutes after, I saw Miss Stravens coming from the direction of the toilet back to the gate. About 10-15 mins after she came back together with Mr. Ashford inside my cell. Mr. Ashford told me “make up your mind, I’m going to La Gigolette and when you are ready to make a statement, send for me, otherwise you’ll be sorry”. He left me. I sat on my bunk.
About half an hour later Mr. Lau Tee passed in the corridor. When he came back I called him. I told him I wanted to see Mr. Ashford to make a statement. At first I told him I wanted to to the W.C. He told me to wait he would get the key. He came and opened my cell. I went to the W.C. When I passed in front of Daphne’s cell I called out to her “Daphne I’m going to make a statement otherwise they will kill us here”. I didn’t hear if Daphne replied or not. From the toilet I went back to my cell and I told Mr. Lau Tee I want to see Mr. Ashford. I want to make a statement. He told me to wait, that he would go and find him.
About one hour later Mr. Ashford opened my cell. I came out and he told me to come along. When I was out with him I saw Miss Stravens going towards Daphne’s cell. She came out with Daphne. Daphne’s face looked terrible. We were brought upstairs to Mr. Ashford office. When I say terrible I mean “BOUFFU” (puffed up). Before I reached Mr. Ashford’s office, I met Wen Yam down in the corridor. Mr. Ashford brought me and Wen Yam in his office. I do not know where Daphne and Miss Stravens went. Mr. Ashford left me with Wen Yam, telling me “Wen Yam will take a statement.” After a while Miss Stravens came in. I did not see Mr. Lau Tee at that time. Ashford walked out. Miss Stravens kept going out and coming in every 5 minutes. Wen Yam took out 3 typed papers from a file which was on Mr. Ashford’s desk. He told me to read it. I read it. While reading it I saw the names of Mr. Rene, Flake Vidot and Bonte. I saw it was a trap and I told Wen Yam I could not do such thing because it blames me and my sister too much. It blames me directly what was on the sheets. It blamed me and my sister directly. It incriminated us. Wen Yam said he would see Mr. Ashford and arrange to cover me easily.
At the time Mr. Ashford came in with another man wearing glasses. This man carried a tape recorder. That’s the cassette recorder. I referred to earlier. He left the tape on the table and went out. Wen Yam told Mr. Ashford about my fear and Mr. Ashford told me “don’t worry, Wen Yam will fix it up easily” and he told Wen Yam to change the beginning to say I did not know anything about the bomb beforehand until the last moment when Mr. Rene gave it to me. He also told Wen Yam at the end to say that my previous statements given to the police and Scotland Yard were false and had been given under instructions of Mr. Rene. Wen Yam started making corrections on the typed sheets. Mr. Ashford went out. Miss Stravens was there with Wen Yam. He changed the beginning. I helped him by telling him about my brother Yvon and the visit I paid to SPUP’s office on the 7th. He added that I should say the smell of gelignite made me drowsy or drunk (soul) so that I could not tell how the bomb was made if I’m questioned. He added that Mr. Rene gave me orange to drink so that the judge will believe that I put the bomb against my will and I was drugged.
In fact I went to SPUP office on 7th for an Agalega matter, concerning a civil case whilst I was on
From that day I was allowed a tape recorder in my cell. It was one belonging to my family. It had music on the tapes. From then on I was well treated. Next night Daphne and I were taken to a room upstairs to sleep, the same room where I gave the statement. After that day, Mr. Ashford has kept seeing me every now and then as well as Miss Stravens and Wen Yam. Each time they came and read the statement to me. Mr. Ashford kept asking me questions, if I’ve been able to remember the evidence fully. Wen Yam and Miss Stravens read the statement to me. I had so many questions to ask then that I wrote them on a magazine cover. Questions such as when would I get the money, whether my statement and Daphne’s and
Cross-examined: When I arrived in court this morning I was carrying a large envelope. It contained the statement which I made to Mr. Kapila.
Q. How many pages that statement contained?
A. I can’t remember.
Q. Rather vague?
A. No I did not count it. I got it last night from Mr. Kapila. I asked him.
Q. I suggest this was a made up statement?
A. It’s my true statement. I did not give a true statement to Wen Yam. It’s the truth that Wen yam showed me 3 typed sheets. I’ve been telling what happened. Mr. Ashford told me later that the tape recorder would represent me in court because by the time the trial would be going on I would be far away. I’ve never heard of evidence given in court by tape recorder. About 6 years ago I went to Magistrates’ Court. I’ve never been to Supreme Court before. It was a case of fight in which I was an accused. I was put on one year caution. I think I was found guilty. I pleaded not guilty. I pleaded not guilty. I gave evidence in the case and I was found guilty. I gave evidence on oath. It depends on witness’ evidence.
Q. The court desbelieved you?
A. It depends on the court.
I have been a prison warden for about 6 months. During that time I did not attend court. The tape recorder was a black one, about 10” wide and about 8” from front to back and about 2½ thick. The micro is a bit long, it is silver in front and black at the back. It has 4 switches and red dots. I did not see the make. I saw the red and the 4 switches because it was in front of me. It opens on the top where the casette is put. I am so familiar with tape recorders. My sister has a tape recorder. It is seldom I pass at her house. I do not know the make. It uses reels intead of cassettes. It has one switch for on/off rewind and so on.