Down Memory Lane - The Trial of Guy Pool

DOWN MEMORY LANE

This week we look at the testimony of Mr. Rene Vidot (aka Flake). Flake is a well known and jovial taxi driver now and is well-liked by the general public. Flake claims that Ashford put a lot of pressure on him whilst in police detention to incriminate President France Albert Rene in the incident.

According to Flake, Ashford continously taunted him and told him that Mr. Rene was “…sleeping in his big house on his bed with Geva…”

The Guy Pool trial

Re-examination :

I’ve been asked questions about what you put to the witnesses or not. I did not instruct you on what questions to put to witnesses. I heard you asking Wen Yam about the typed sheets.

Q. Did I ask Wen Yam “did you show accused 3 typed sheets and asked him to read” and he answered “not at all”?

A. Correct. I remember you asking him if he saw any man wearing glasses that night and he said no. He also said he did not not see Mr. Confait that night. During the statement that night I did smoke cigarettes, about 2 full boxes and some more. I would say 40 – 45. Miss Stravens supplied me with the cigarettes. The make was Embassy, both boxes were Embassy. She gave me one Benson and Hedges cigarettes from her handbag. She was smoking her own cigarettes. Sometimes she smoked one from the box I had. I forgot to mention that in chief.

I first saw you on Friday morning. I don’t remember the date. It was the Friday when I first appeared in the Supreme Court. I was brought into Mr. Hoareau’s office. There were Daphne, Harry Bonte, Vidot, Mr. Kapila and I. We were left alone. Mr. Kapila greeted us and said “I’ve been brought by your family through Mr. Valabhji to plead your case. Do you all agree”. The 3 of them said yes. I spoke first I said No. Mr. Kapila said all right. He asked the 3 other and to my great surprise they said yes. Mr. Ashford had told me we were all going to plead guilty and we don’t need any lawyer. In fact I’d sent a note about that the night before. I told Mr. Kapila I was not guilty. When the others said “Yes” I said “What”? We were all supposed to plead guilty”. They all replied “How can we plead guilty to something we don’t know” It was then that I knew Mr. Ashford had fooled me. It was then that I told Mr. Kapila “I better tell you everygthing they did to me while I was in my cell and I want you to plead my case”. Until that moment I had not heard what were the others, plans. Mr. Kapila then recorded a statement from me, from about 9 – 11. In that statement I described what I told the court yesterday. How the statement had been obtained. I signed the statement which I gave to Mr. Kapila. I then signed a document formally instructing him to defend me. I remember being brought to Court that morning. Mr. Grimmet appeared for the prosecution. Mr. Kapila told the court that he represented me among others. Mr. Grimmet told the judge to ask me directly if that was correct because they had the letter from me.

His Lordship asked me whether I wanted Mr. Kapila to represent me and I said yes. The statement I made to Mr. Kapila that morning was the truth. Before that moment I’d not discussed it with anybody. I had not had the opportunity of discussing it with the other accused or Mr. Rene or Mr. Valabhji. There are many Bonte in Seychelles. I know about 3, 4, 5.

Q. My friend said “I put it to you the police arrested these men on the strenght of your statement and that was the first linking the police got that these men were in the plot, from you. In the statement that you signed is there any first name of Bonte?

A. No, it just says Bonte. As far as Vidot is concerned it says Flake Vidot. I was assaulted that night, I was slapped on my face, punched in my stomach. I had a cut lip from inside. I did not complain to the senior police officers. I had not alleged to anybody that I had been beaten. I did not call for the commissioner or his deputy to come and look at me. They did not tell me why they had come. I did not ask for the doctor in the afternoon to come and examine me. I did not tell anyone that I wanted a doctor because I’d been assaulted.

I never made any complaint to Mr. Ashford about a Scotland Yard Officer holding a gun to my head. That never happened. I never alleged it to anybody. I did not hear Mr. Ashford mention in court that I’d made that complaint to him. Since the first statement I gave to Mr. Kapila I have not added anything to it, only expressions. Mr. Kapila has not asked me questions all the time. Mr. Valabhji has seen me at the prison department a few times.

No further questions.

D.W. 2 Ernest Christopher Athanasius

Ernest Christoper Athanasius. I am a Sales Manager of Machinery and Equipment. I’ve been here since 8th May, 1972. I live at Michel Building, Royal Street. I am married. I live in that house with my wife. I remember the night of Monday 31st July, 1972. Earlier that night I went to the Rendez Vous. It is a little pub on Quincy Street. I went with my wife to play bingo. We were there until the end of the game roughly midnight. After that we went home. We went to bed. I was going off to sleep when I heard a scream. I gof off the bed and I looked out through the window to see what the scream was about. I did not see anything. I looked out into Royal Street. The Street was deserted. The scream did not stop. It still carried on. It was an agonising scream. It was like someone who was in pain. The scream appeared to come from the left and side of the window. I appeared to come from the police station which is opposite my window on the left hand side. It is about 50 to 60 yds from my window. I can’t tell exactly but it sounded like a woman’s voice. The scream continued for roughly 3 – 4 minutes. Then it stopped suddenly. I went back to bed.

Cross-examined

Q. How far is your house from the police station?

A. Roughly 50- 60 yds. It is over Chez Philippe shop. I do not know where the cells are in the police station. I do not know where they are. My room is right above Chez Philippe. My bedroom in on the street side. My window was open. I know it was 31st July. It was Monday. They play bingo on Mondays and Thursdays. It could not have been the 6th. I’m sure of the day. It was pay day. I did not hear any sreams before or after that date. When I heard the scream I looked out through the window. When it stopped I went back to bed. I went to sleep.

I am a good citizen. I realise a citizen’s duty is to help the police. The police was on duty there. I did not tell the police at all. Next day I told the director and the staff at the office. They did not say anything. I supposed this got out to the defence. They approached me on th 11th August. My wife’s is Seychelloise. She is the daughter of Nalletamby. I know my father-in-law. He is a committee member of SPUP. I never spoke to him about it until lately after I’d given my statement. I didn’t tell him before because I didn’t think it was important. I don’t go to his place often. I told them at the office just while talking. My wife vaguely heard it. I got off bed. She went to sleep. The sream went out for 3 – 4 minutes. It was not one scream, it was a series of screams.

I know the Café Royal. It is near me. It closes about 12 o’clock. There’s always a crowd coming out about midnight. This happens regularly. Sometimes the crowd fights. That’s why I looked out . I do not know if prostitutes parade down that street. I do not think my wife discussed this with anybody. I was not worried about the scream. It did not affect me in any way. I was asked what I’d heard and to come and tell the truth here. My father-in-law did not hear of it until a few days ago. My house does not come over the street. I can’t see what goes on under the verandah. The scream did not sound from the verandah. I’m sure the scream came from the direction of the police station. It could have come from beyond the police station. I don’t think it could have come from the car park. It’s too far. I can’t describe the scream. It was agonishing. I did hear the scream. It lasted 3 – 4 minutes. I am telling the truth. I am not lying.

Re-examination:

It was pay day. I had received my salary that day. I did not hear any screaming before of after that day. I am not a member of S.P.U.P. I have been summoned to give evidence. I had reservations about consequences to me in giving evidence here. It could jeoardise my stay in this country. I am here on a 2 year’s special pass. I thought this would be a political incident and I did not want to get involved in it. My wife is Seychellois. I am from Kenya. I would like to stay here.

I swear before God that I’ve told the truth here, the whole truth and nothing but the truth. I mentioned the incident in my office and word probably went out from there. On 11th August I was asked by Mr. Kapila whether I would make a statement. I wrote it out myself. I indicated my problem before making that statement. I said I don’t want to get involved in this thing because my father-in-law being a politician and me coming out from Kenya it could jeopardise my stay here. I said that if I wanted to be a resident here I would like to see justice done.

By Court:

This occurred on the night of 31st July, about 12.30 a.m on 1st August. It was a Monday night when I went to play bingo. I went to work the next day. I discussed this with my boss, Mrs. Jumeau. I did not go to the police or to any authority to report it. It came out in conversation while we were talking about the boy from Kenya who was in the cell. I heard about that. There was a rumour going around to that effect. He had nothing to do with that. I thought of him because he was in the cell at that moment. I thought at first he was screaming. I can’t say exactly that it was a woman’s voice but it sounded like a woman’s voice. I heard the scream for about 3 – 4 minutes. It was going “ayoyo mon manman”, and then I did not catch the rest that was said. Then it went on in moaning sound.

By A.G. through Court:

At first I thought it was the boy from Kenya who was sreaming. Then I thought it could not be him. I knew he had been in prison in Kenya and I thought he would not scream just for being in prison. I had read of it in the papers. He’s always a jail bird.

Mr. Kapila: No questions

Witness released.

D.W.3 Rene Vidot

Rene Vidot alias Flake. I am popular known as Flake. Most people know me as Flake. Rene is not used at all. I have a brother called Claude. He has never been known as Flake. The call him Ptit Claude. I live at Corgat Estate. I work with W &C French as a driver.

I was arrested. I have forgotten the date. It was a Wednesday last month. It was about 9 p.m. I was in my house. Wen Yam came and arrested me. He came with someone called Antonio and others whose names I do not know. I heard very hard knocking on my door as though they were beating on it with fists. I opened the door. Wen Yam removed a card from his pocket and showed it to me. He said “I am a C.I.D. I have come to arrest you”. I said “No I did not know”. He said “I’ve come to arrest you in connection with the bomb at Adam Moosa”. I told him I would change clothes. He told me “Yes to hurry up because you’re under my pressure (en bas mon pression). I did not tell him anything. I said I would get dressed and come. I changed and got into a mini moke. He took me to the police station at Central. They removed my personal things on me, there was a handkerchief, a packet of tobacco and a watch. They put their hands in my pocket and removed them. Wen Yam stooped down to remove my shoes my flip flops. I told him not to remove them and that I was under medical treatment and I’d just been to Dr. Ah Moye. Wen Yam took away the things from my pocket. I told them not to take my slippers because I was starting to shiver and I’d had an injection of conine. I had dysentery in my stomach. Dr. Ah Moye had told me not to walk and not to subject myself to walk because it would tire me and put pressure on my heart. I told him to let me see Dr. Ah Moye before removing my slippers. He replied in a sarcastic way “just now you’ll see Dr. Ah Moye”. Then he said to lock me up. A few minutes later I saw Dr. MacGregor. I reported to him that I was under treatment by Dr. Ah Moye who had given me 7 days leave and he had told me not to walk too much because the injection he had given me was dangerous and it could affect my heart. The doctor asked me why I was there. I told him the police had arrested me and told me it was in connection with the bomb at Adam Moosa. He laughed. I did not tell him anything. I asked him (Dr. MacGregor) for a mattress and my cigarettes. He said he would not advise them to give me cigarettes. He told them to give me a mattress and he left.

Shortly afterwards Mr. Ashford arrived with Wen Yam. They took me upstairs to Mr. Ashford’s office. They had come in my cell. The first words he said to me were “you planned the bomb at Adam Moosa’s”. I told him “No”. He had made me sit when I reached the office. He told me yes and I said no. He told me he had enough evidence against me and Bonte. I said no he could not have evidence against me and Bonte. I said no he could not have evidence against me for something which he knew nothing about. He said “Yes you were in the car with Mr. Rene”. I said that this is not true at all. He said “sign this statement which I have with me”. I said no I can’t sign a statement which is not true”. He said “are you afraid of Mr. Rene”. I said “No I’m not afraid of Mr. Rene”. He said “if you sign this statement which is with me you will not see him again for him to reproach you”. I said “no I will not sign a statement like that which is not true”. He offered me cigarettes. I said “No I don’t smoke this type of cigarettes, I smoke local cigarettes”. He asked me “where is Mr.Rene now”? I said “I don’t know”. He said “no you know that he is free now”. I said “yes”. He said “now he is sleeping in his big house on his bed with Geva”. I said “that I don’t know whether he’s sleeping with Geva”. He said “sign my statement”. I said “No”. He said “if you sign my statement I will give you more that Rs.50,000.00. I will give you police pretection. I will pay fares for your family, I will send you to Australia. I said “no”. Then he told Wen Yam to lock me up. He locked me up.

Next day, Thursday, I saw Wen Yam. He saw me again next day. I was arrested on Wednesday night. He saw me next day about 10 a.m. He told me I was a man who could be well off but I was stupid and if I accept what Mr. Ashford has offered my I would be well off. I said “I will never accept something which is lies and which is not true”. I did not see them again during the day. On Thursday night in the middle of the night I felt a slap on my back. I was sleeping on a bunk. I turned.

A.G: All this was not put to the witnesses. It should be completely struck from the record. Some was put to Mr. Ashford but nothing to Mr. Wen Yam.

Mr. Kapila: There’s no basis for an objection at this stage. I will not object to my friend recalling any witness. The fact that something was not put to a witness does not make it inadmissible.

A.G: 23 Criminal Appeal Report – Archbold para. 1389. R v Hart.

Mr. Kapila: I would rely on some passage for my submission. Once it’s indicated to a witness that you’re not beleiving his evidence you don’t have to put it to him in detail.

Court: I will not stop you but if necessary I will have to recall Mr. Ashford or Mr. Wen Yam.

Witness: I turned my neck and looked and I saw Mr. Ashford standing and Wen Yam was beside him. Mr. Ashford had a torch. He was gnashing his teeth. After I was slapped I could not speak for about 2-3 minutes. I was shocked. I then said to Wen Yam “tell your fool (couyon) Ashford that on the day he hits me like that again while I’m sleeping I’ll tear him away with my teeth in such a way that if I get his nose he will have to go to England to get a plastic nose or whichever part I’ll bite off”. They took me upstairs. He asked the same question which he asked me on the day of my arrest. I did not agree to make a statement. He kept asking me the same questions and begging me and I still said no. I refused continuously. He said “today you don’t want but tomorrow you will want”. Wen Yam was present. There was no one else. On the first day a girl came in. She came and told Mr. Ashford there was a phone call for him and the Chief Minister wanted to speak to him. When he got that message he went away and then he came back . When I refused he said. “You don’t want to do so today but tomorrow you will and then he said to lock me up. I did not see anyone else that night.

That night I thought about what he’d told me and I decided that next day I would do something about it. Next day about 8 a.m. I shouted in my cell “Ashford I want to see Mr. Fenner. I shouted out loudly. A fair while later I saw Mr. Fenner coming. After I called for Mr. Fenner, I saw an old man whom they call the deputy. I shouted several times. At times I stopped calling for Ashford and I only called for Mr. Fenner. I then saw this old man and I related to him that Mr. Ashford was playing a bad trick against Mr. Rene inside the station. I related the matter to him. I told him I wanted to make a statement. It was written in a small diary. I told him I wanted to see Mr. Rene as well. He told me I would see him in a few minutes but instead of seeing Mr. Rene I was released. That was about 2 hours later. The deputy was there when I was released and so was Mr. Ashford. He told me I was free to go. He did not say anything else. I don’t know anything about the bomb. I heard about the explosion. Up to now I don’t know why I was arrested. I think I was released because I was asking for Mr. Rene. That’s what my mind tells me.

Cross-examined:

I’m known as Flake ever since I was young Mr. Ashford asked me If I was known as Flake and I told him yes. He asked me that when I was arrested and questioned. I told them I was Flake. My brother Claude has never been known as Flake. They call him Pti Claude.

Q. When did it take you so long to make a complaint?

A. I was asked to see a lawyer. Mr. Valabhji or Mr. Rene. I called the guards and asked them.

Q. How long were you in the cells?

A. I was arrested on Wednesday about 9 p.m and released about 1.10 or 2.10 on Friday. I made the complaint on Friday.

Q. Are you always so slow in making complaints?

A. No. I’m usually quick.

Q. Did you make a complaint when your house was searched?

A. Yes. I complained that when the police came to search my house they stole Rs.1,125 belonging to me. I never got that money back. I am going to prosecute this case before the court. I never spoke to Wen Yam about this complaint. I spoke about it to other persons but not Wen Yam. I have put the matter in my lawyer’s hand, Mr. Rene.

Q. Did you ever complain to the police of inducement by the police to give evidence?

A. Mr. Ashford wanted to make me sign a statement which was not true. He did not threaten me he beat me.

Q. This is not an inducement?

A. He wanted to induce me. He offered me money and other things.

Q. Were you recently arrested for possession of tortoises?

A. No. I went to the deputy and reported that the police had played tricks with me in the worst manner possible.

Q. Have you ever been convicted?

A. Once or twice I don’t remember.

Q. Were you convicted for stealing on 16th December, 1957?

Mr. Kapila: I object.

Here is a witness wrongly arrested and is not subjected to an attack on his character.

A.G:

He is not giving evidence as someone who was wrongly arrested but he came to attack the police.

A. I don’t remember.

Q. You were fined Rs.3.-

A. I don’t remember.

Q. Were you convicted of stealing on 7th July, 1959?

A. I don’t remember.

Q. For unlawful possession of property on 18th March, 1961?

A. I don’t remember.

Q. You have a poor memory?

A. It’s good.

Q. On 24th February 1962 for conducting yourself in a manner likely to cause a breach of the peace?

A. I don’t remember.

Q. On 18th July, 1963 for unlawful possession of property?

A. I don’t remember.

Q. On 25th, 1964, for disturbance?

A. I don’t remember.

Q. On 8th April, 1965 for indecent act?

A. I don’t remember.

Q. Were you bound over in sum of Rs.20.- to keep the peace and be of good behaviour for 5 months?

A. I don’t remember. When I say I don’t remember I mean it’s not true, it never happened.

Q. On 22nd April, 1965 for common assault, obscene language, criminal trespass and disturbance?

A. I don’t remember. I mean I deny it.

Q. On 19th October, 1967 on two counts of stealing?

A. No.

Q. You were put on probation for 2 years?

A. No.

Q. Which p.c’s did you tell the court you had?

A. I think once I was convicted before Mr. Bossy and I appealed. The appeal was heard by Mr. Sauzier and it was allowed. A car had run into the back of my car.

Q. I put it to you that you’re lying when you say these convictions were not recorded against you?

A. No.

Q. I put it to you, you’re lying when you say Mr. Ashford threatened and beat you?

A. It’s true. He did not threaten me he beat me. Wen Yam did everything I’ve said he did.

Q. Did you ever tell Mr. Wen Yam that the claim you made of the loss of Rs.1,125.- from your house was a false claim?

A. No. Wen Yam has a big grude against me. I did not tell him that. I did that only to annoy the police. The day the case first came to court I was standing outside there listening. Wen Yam came and threw himself on me. The Usher here in court came and asked what has happened. I don’t know when Wen Yam did that. When the Usher asked what happened Wen Yam let go of me quietly. I don’t remember the date but it was the 1st day this case appeared in court. I don’t know the date. The Usher came out from the door there. It was the day when all four accused appeared.

Q. Did you complain concerning Mr Wen Yam’s conduct here in court?

A. Yes I related it to the deputy and Mr. Fenner. They did not write anything down. I told them they could come and ask Mr. Hallock about it. I have forgotten if I complained the day after or 2 days after but I went. I told them but nothing was written.

Q. Why did you come to court on that day?

A. I came to listen to the case. At that time I knew I would be called as a witness. Mr. Kapila has sent for me and I saw him in his office. I spoke to him. Mr. Kapila saw me twice. He interviewed me. There was a white man with him. I don’t know his name. I know his face very well.

Re-examination:

I complained to Mr. Fenner and Mr. Goodchild. They made no note of it. Mr. Max Fontaine also was there. They made no note of my complaint. Usher Hallock saw it, he asked Wen Yam what had happened. I saw Mr. Kapila twice. I have forgotten on which date. It was the first time he came out here for this case. I saw him in an office at Kingsgate. There was a white man with him. He took a statement from me. On both occasions I saw Mr. Kapila in an office at Kingsgate. I have forgotten how soon after the 1st occasion that I saw him next. At the first interview he did not record anything but he did record my statement the 2nd time and signed it. From what Wen Yam did he must have a big grudge against me. I base it on that.

By Court:

I was arrested on a Wednesday. I was released on Friday at 1.10 or 2.10. I was not charged for taken to court. I’ve never been brought before any court.

I know Supt. Stone. I was arrested on Wednesday. I spent the Wednesday night in the cell, Thursday whole day and night and I was released on Friday. I made a complaint to Mr. Stone in the presence of Mr. Valabhji. That was on a Thursday. I related to Mr. Valabhji what Mr. Ashford had wanted me to sign. Mr. Valabhji told me to see Mr. Fenner about it. I complained that Mr. Ashford wanted me to sign a statement to say that I was in a car with Mr. Rene. I related everything and said that he had offered me money. Mr. Valabhji told me to see Mr. Fenner.

I made a complaint to Mr. Stone but not about this case. I complained that the police had played a trick on me and had stolen my tortoise. I did not complain to Mr. Stone that Mr. Ashford levelled a revolver at my head. I never made such a complaint. I complained about the beating.

No questions by counsel arising from answers to court.

D.W. 4 Harol Hallock

I heard the evidence of the last witness in which he referred to me. I cannot remember the date but it was the first day accused and the others appeared in court before Justice Sauzier. There was an argument outside. I went to see. I saw Rene Vidot, Antonio Hoareau and Wen Yam. There was a civilian too whom I don’t know. Wen Yam was holding Rene Vidot’s hand. I asked them what has happened. Rene Vidot told me that Wen Yam want to throw him out from where he was standing. I told them nobody is allowed to stand on the steps. At that time the case had been adjourned.

Cross-examined:

I saw a policeman telling somebody to leave the court premises. The court was crowded, there were many people around, standing everywhere. Rene Vidot was standing on the steps. I told him and everybody else to go away. I told the policeman also to leave. They left. Everybody left. When I heard the argument I don’d know who was speaking.

Re-examination:

Wen Yam was holding Flake by the arm and telling him to leave. I told them the case was over and everybody must go. There were many people around.

No further questions

The witness is released.