The Guy Pool trial
Court hears evidence about accused ‘confession’
The defence has objected the statement being introduced in evidence on the grounds that it was not made voluntarily but through inducement, threats and fears and not in accordance with the Judges Rules.
ODD
According to police witnesses at about 2.30 a.m onTuesday August 1, the accused told police Supt. Dectective Inspector Antoine Low Tee, as he was making a routine inspection of the cells, that he wanted to make a statement. He was told to wait till morning, but insisted in doing it then and called to his sister Daphne who was in another cell that he was going to make a statement and that she too should say what she knew.
Superintendant David Ashford in charge of re opening the inquiry, Constable Dominic Wen Yam and Woman Police Constable Doris Stravens arrived at the station about 3.40 a.m. and the accused and his sister were taken to the CID office when the accused made a statement which was taken down by Constable Wen Yam.
Defence Counsel Achru Kapila closely questioned each of the four police witnesses involved that morning about the part they played.
He asked Mr. Low Tee if it wasn’t odd for somebody to insist on making statement at 2.30 in the morning and Mr. Low Tee answered that it depended on the circumstances. He then asked if Mr. Low Tee had not told Pool that Mr. Ashford was at La Gigolette, and the witness answered that he did not, because he had knowledge that Mr. Ashford was there. He agreed with Kapila that the fact that he turned up later could have been pure coincidence.
Detective Wen Yam, WPC Stravens and Mr. Ashford were also asked if they had not been at La Gigolette that night before they turned up together at the police station. All denied it.
PATROL
Mr. Wen Yam said he had been working in his office from 10 p.m. and at about 12.30 a.m. Mr. Asford asked him to accompany him on a patrol. He said Constable Doris Stravens went with them and they kept patrolling the town on foot until about 3.40 a.m.
He said in answer to questions that when they arrived back at the station he saw Inspector Low Tee spoke to Mr. Ashford and Mr. Ashford accompanied by Constable Stravens, walked in the direction of the cells. He stayed behind and was asked a few minutes later to take down Guy Pool’s statement.
DECLINE
Answering Mr. Kapila’s questions, the witness said that he started taking the statement at 6 a.m. Pool was offered the opportunity to write down his own statement but asked the witness to do so for him and signed a certificate to this effect.
He was also cautioned and told to read statement and make any correction he wanted. He declined the offer and told Mr. Wen Yam to read it out to him and after he had agreed to its content, signed a certificate that he had asked the witness to read it out and also signed each of the eight pages of the statement. Mr. Wen Yam said he asked him no questions and simply wrote down what he said and as he said it. The statement was witnessed by Miss Doris Stravens who corroborated Mr. Wen Yam’s evidence and also confirmed that superintendent David Ashford was not in the office at the time the statement was taken.
CIGARETTES
Mr. Kapilla questioned Mr. Wen Yam and later Miss Stravens about the was the statement was taken. Had there not been a tape recorder in the office? No.
Was any coffee given to accused during that time?
No. He asked for water twice and was given water.
Did he ask to go to the toilet? Yes, twice and on each occasion he was accompanied by Constable Stravens.
Did he smoke during that time? He did not.
Didn’t you offer him some Embassy cigarettes ? (This to Miss Stravens).
Me offer him Embassy cigarette!
REVOLVER
Mr. Kapila also questioned the two witnesses whether they had not seen Mr. Ashford take out a revolver and threatened Pool with it. Both denied and repeated that Mr. Ashford was not in the office at the time. They also denied having seen or heard any use of violence and promises of money by Mr. Ashford, to one named Rene Vidot who had been arrested during the inquiry.
They also did not hear Daphne Pool crying out in her cell : “Ayoyo mon maman, mon pour mort”.
Constable Stravens said what she had heard Daphne said was : “It’s not fair for us to suffer in someone else’s place”.
The witness told the court Daphne said that in her presence when she accompanied Mr. Ashford to the cells after they had returned from the patrol and had been told that Guy Pool wanted to make a statement. She said Pool asked to see his sister and was taken to her cell and there told her : “We’re going to tell the whole truth. Don’t hide anything”.
CAUTION
Mr. Ashford who had been questioned for about three hours the previous day was recalled to the witness box and again told how after he returned to the Police Station about 3.40 a.m. he was told that the accused wanted to make a statement. He had gone to his cell, accompanied by Constable Stravens, and there cautioned him that he was not obliged to say anything. The accused had asked to see his sister and afterwards they were taken to his office where he instructed Constable Wen Yam to take down Guy Pool’s statement while he waited somewhere else in the building. He said he went back to his office a couple of times just to fetch something he needed.
Q. You know what Japanese alluminium buoys are?
A. I’ve never seen one. I have 2 buoys which I use, both of them are plastic.
Q. You know a vacoa bag?
A. It is made of vacoa stringe interwoven together.
Q. You know a vacoa bag?
A. Yes.
Q. Explain what it is?
A. It is a bag made of vacoa strings interwoven together.
Q. These bags are very common in
A. Yes.
Q. You’ve had occasion to use them from time to time?
A. Yes I usually go to the market on Saturday morning with one.
Q. You know Claude Vidot?
A. Very well.
Q. He is one of your boatmen?
A. Yes. He is not one of my boatman, he is my boatman. He does not live on the land of my former wife. He lives at La Louise on the property of Mrs. Hermitte. I know both Rene and Claude Vidot well. I know Rene as Flake. Claude is called Ptit Claude.
Q. You say that when you went to Chez Nous on 13th February there was an S.P.U.P. party and it started after you arrived?
A. It started about 8 p.m. when Mrs. Sinon and Servina arrived but we started having a drink before that.
Q. How many people were there at the party?
A. About 40.
Q. All S.P.U.P. personnel?
A. It was a party for members of the S.P.U.P., trade Union members and staff.
Q. You know them all?
A. Yes.
Q. That party ended about when?
A. About 9 when the dance started
Q. Shortly before 9?
A. I said about.
Q. In chief you said “the dance started at 9 o’clock and the party ended before the dance”?
A. The party ended simultananeoulsy as the dance started. We did not all go, we took part in the dance.
Q. In accused’s confession to the police he said it was about 8.30 p.m. when you picked him up on the road in your car. Do you agree with that?
A. I never met this man.
Q. If you had left the party at 8.30 or thereabout the only person who would know about it would be S.P.U.P. supporters and friends of yours who were at the party?
A. Yes but if I had not come back at 9 o’clock many people would have noticed including of the police force.
Q. You’ve read Exhibit BB?
A. Yes.
Q. How many times?
A. Yes. I’ve read what I’m supposed to have done.
Q. How long do you think it would take you to do what it stated in this?
A. I would not know.
Q. You realise that the names of the places mentioned in Exhibit BB are, Chez Nous, Mr. Eric Stiven’s house where he used to live and your house at the bottom of La Misere road?
A. Yes.
Q. Where is Eric Stiven’s house, where he used to live?
A. Pointe Larue, quite near Chez Nous. It’s at Bric a Brac.
Q. You were driving a car that evening?
A. Yes.
Q. Would you not agree that traveling by car that these places are quite close to each other?
A. I would say it would take me 12-15 minutes to drive from Chez Nous to my house at Plaisance.
Q. These 3 places, Chez Nous, Eric Stiven’s old house and your house at Plaisance are all on the same road?
A. Yes. They are on the main road.
Q. And easy to get at by car?
A. Yes.
Q. And you were driving your fiancée’s car that night?
A. Yes. I would rather not use the word fiancée. I would say the person I intend to marry. Fiancée does mean a certain ceremony. That car is a white car.
Q. You say the dance took place immediately after the party?
A. Yes. There were 200 – 300 people at the dance. They came in through a door one by one and when they paid their tickets they went in. They came in over a period.
Q. When the dance started and for the first ¼ or ½ hour there were not many people there?
A. There were less people than later.
Q. In effect how many were there at 9.30?
A. I would not be able to say. Perhaps 100.
Q. How big is the dance halls at Chez Nous?
A. It has two halls, each hall is about 80’ long x 40, 2 sides.
Q. Were you going from one of the halls to the other?
A. I may have but mostly I remained in one side where the party was.
Q. The group you stayed with were friends of yours and S.P.U.P supporters?
A. Mostly.
Q. Did you ever leave the building?
A. No. I left to go to the toilet which is inside. I believe once or twice.
Q. People were coming in and going out throughout the evening?
A. Yes. I was not paying attention to the door.
Q. You never went out?
A. No not even to go to the toilet. I know Yvon Pool very well. His shop is very close to Chez Nous dance hall.
Q. Isn’t there a back exit from Chez Nous?
A. Yes.
Q. And it leads almost directly to Yvon Pool’s residence?
A. Yvon Pool’s shop is in front of Chez Nous. He lives in the shop. If one went out through the back exit one could go round to Yvon’s shop. Yvon is the brother of accused.
Q. If you were to have slipped out that door that night the main persons to give you an alibi would be S.P.U.P. supporters and friends of yours?
A. All those who saw me there including police officers, if they spoke the truth, this court would be able to provide an alibi.
To Court
I have called 3 police officers. I have given their names to Mr. Kapila.
By A.G.
Q. Every minute of my time at Chez Nous can be covered by independent witnesses?
A. By truthful witnesses. During the party period it would be S.P.U.P. officials and supporters.
Q. After 9 o’oclock you spent most of your time with almost the same group of people?
A. Yes. I sat there but I went round to talk to other people.
Q. You went to the toilet i.e. you left the dance area from time to time?
A. I left my place from time to time and I also went to the toilet once or twice. While I was in the toilet I went to the other hall people would see me. In the hall where I was about 2 couples were dancing. All the people were dancing in the other hall. I was mostly in the hall where people were sitting. While I was in one hall I could be seen by people in the other hall. There is a separation about 8 ft.
Q. Before the dance the people you were with were S.P.U.P. supporters?
A. Yes.
Q. And when the dance began and there were not many people there your witnesses would be S.P.U.P. supporters?
A. I don’t know. I didn’t say that.
Q. If you had left the hall about 8.30 your main witnesses would be friends of yours?
A. They would be supporters and not necessarily by close friends. That was between 8.30 and 9 o’clock.
Q. Shortly after 9 the position would be roughly the same?
A. I don’t know. I could call various people and they were there all the time. I am calling policemen.
Q. Who may be S.P.U.P. supporters?
A. I don’t know. They’ve never expressed it to me. I don’t know who all my supporters are nor who are my enemies. I can’t remember whether Harry Bonte was at the dance. I was not looking for him. I am not a business associate with Harry Bonte.
Q. Are you not associated with him in the island woodworks?
A. No, I’ve never been associated with him in any business. I’ve read Exhibit BB thoroughly.
Q. I put it to you that the substance where it concerns you is true?
A. It is not true.
Q. According to Exhibit BB accused said that you instigated this bomb affair?
A. I deny it.
Q. You deny bringing those people to your house at Plaisance that evening?
A. I do.
Q. Flake Vidot you deny meeting him there?
A. I deny meeting Flake Vidot anywhere or Guy Pool. I met Harry Bonte earlier on at
Q. I put it to you that you left Chez Nous for the purpose of arranging with Harry Bonte and Flake Vidot and Guy Pool to place the bombs at Reef Hotel and Adam Moosa’s on the morning of 14th February.?
A. I did not leave Chez Nous.
Q. I put it to you that you are the mastermind behind this case for which Guy Pool is charged here?
A. I’m not.
Q. I put it to you that you are allowing Guy Pool to take the whole blame for this while you are blame?
A. I am not to blame and I do not think Guy Pool is to blame.
Q. I put it to you that the whole incident in Exhibit BB where you are concerned would have taken only 30 – 40 minutes at the outside?
A. I don’t think it would have taken such a short time. The statement refers to 2 car trips which by itself would take almost that time. It refers to the manufacture of 2 bombs, to a period in which someone fainted, to a period in which someone was being pushed. In my view it would have both taken only 30 -40 minutes.
Q. How long do you think it would have taken?
A. It would depend very much on how long it would take to make the bombs. I don’t know how long.
Q. You say that searches were made in your house on Tuesday 1st August?
A. Right.
Q. Before that no searches had been made since 13th February?
A. No.
Q. Exhibit BB implicating you was first given to the police on 1st August?
A. Yes.
Q. You would agree the searches did not take place until Exhibit BB was made?
A. I believe the searches followed the making of Exhibit BB, the consequence of that statement.
Q. The police had no evidence against you until Exhibit BB was made?
A. I would not consider this evidence either.
Q. Until Exhibit BB the police had nothing implicating you in this affair?
A. Correct.
Q. I put it to you that the indication concerning you in Exhibit BB is true?
A. I deny that
Q. I put it to you that you deliberately lied to this court?
A. I have not lied to this court?
Q. You said you studied Exhibit BB?
A. Yes I have.
Q. Have you similarly studied the statement that Harry Bonte is alleged to have made to the police?
A. Yes.
Q. Is that the statement?
A.G.:
If my friend is going to raise the statement of Harry Bonte I will object to it as it did not arise from xxtion.
Mr. Kapila:
I submit it does arise from xxtion. Witness has been asked questions on the basis of an alleged statement by one person not by the witness by Guy Pool. The fact that the crown is also prosecuting another person on the basis of another statement by that person in which witness is gain implicated and the fact that 2 statements are contradictory are highly relevant matters. I have asked the witness if he has read the other statement. It was not objected to and he answered. I have been handed the original and translation, of the statement by prosecution. I’m entitled to bring out the fact (1) that Harry Bonte is being prosecuted that his alleged confession referred to the witness and that the 2 statements are contradictory in the most fundamental way. This could not have been anticipated in chief because my friend was entitled to bring it up in xxtion that the witness alleged involvement in the statement of accused was not true but the rest of the confession was true. Only after my friend has taken up position in xxtion that part of the statement relating to the witness are true that it becomes relevant to demonstrate that crown are simultaneously running inconsistent cases.
Ruling: As Mr. Rene was not xxd on Bonte’s statement to run of Mr. Rene by Mr. Kapila on the statement does not arise. I disallow the rxn on this part.
Witness: I have studied the statement of Harry Bonte.
Q. Is Harry Bonte being prosecuted by the crown?
A. Yes.
Q. Does that statement implicate you as well?
A. Yes.
Q. From your study and perusal of the statements would you say they are similar or contradictory?
A.G.: I object. This does not arise from xxtion at all.
Court: I overrule the question on the same grounds.
Mr. Kapila: No further questions.
By Court:
Q. When did you first know that you had been implicated by accused in this case?
A. I first know for certain a few days later when Mr. Valabhji showed me the statement made by the accused which he had obtained. I first learned that I was implicated by the accused.
Q. When did Mr. Valabhli show you the statement?
A. The beginning of the week following the week I’d been stopped from seeing the accused.
Q. Before that you had no idea whatever that you had been implicated in this case?
A. I had. I was aware that the police had been asking people inside the cell to say that I had been with them. I did not know of the content of accused’s statement. I know of Harry Bonte’s statements.
Q. On Friday following the Tuesday that I was stopped. Even before that I had an idea that they were trying to implicate me in this case. That was on Tuesday when I received the phone call from Geva. An hour after that I was stopped from seeing the accused. The details of what acussed had told the police was when Mr. Valabhji showed me the statement.
By A.G.:
I can’t remember the date of that Tuesday. Maybe it was 1st August.
No further questions. Witness released.
D.W. 12 Mrs. Geva Adam (sworn)
Marie Therese Genevieve Adam,
Q. It has been suggested that Mr. Rene came back at 8.30-9?
A. Never he came back at 2 a.m..
Q. At what time did he leave in the evening?
A. He left twice. He left earlier about 3.30 to go to the airport and then he left after 7 to go to Chez Nous. From 7 to 2 a.m.. I did not see him in the house at all. He was using my car. My car is a Datsun Japanese car from Kim Koon. It is whitish. The house at Plaisance almost faces
xxd by Mr. Grimmett:
If Mr. Rene’s divorce proceedings are successful I intend to marry him.
Q. What accommodation did you have at Plaisance in February, 1972?
A. It was Mr. Rene’s house which he rented. There is a sitting room, 3 bedrooms, 1 kitchen and a tiny store. That night I slept in his main bedroom where the double bed is with my 2 children. I slept in that bed with my 2 children.
Q. Are you a sound sleeper?
A. It depends, some days I sleep soundly other days I don’t sleep at all and sometimes I am a light sleeper. It depends on how I feel. He came at 2 a.m. He told me the time. I was sleeping. I heard him come and he knocked at the door. I opened and asked him what was the time. He said “it is going for 2”.
Q. You had no idea what time it was apart from what he told you?
A. I had no reason to disbelieve him. He looked at his watch and told me the time. My children went to Olian Cinema that evening. I have no idea which show it was. It started at 6 o’clock. I did not pick them up. They came back by taxi. I had told them to take a taxi. I gave them some money and told them to take a taxi home after the show because Mr. Rene would borrow my car and to meet me at Mr.Rene’s house at Plaisance.
One of my children is 13 and one is 11 years old. I’m sorry one is 12, just turned 12 and the other is 13.
Q. When did you first learn that a bomb had exploded at Reef Hotel?
A. When Mr. Rene came in that night and I was making a cup of coffee he told me he had heard there had been an explosion at Moosa. I asked him the details but he said he did not know he had just heard before he came down.
Q. When Mr. Rene came in, did he have a key?
A. He had a key but when he left he gave me the key. He got out, as he got out he left the key on the door and I locked the door from inside and left the key on the door. He knocked on the door. I was in bed. I woke up and opened the door. He said “I’d love a cup of coffee” He went to the kitchen and drank the coffee. It was then that he told me of the explosion. There was a tiny clock in the house. I saw no reason to look at the clock.
When the children came in we had something to eat and drink. Then we talked for a little while and then went to sleep. I did not look at the time. I don’t know what time it was. I would say it was 9.30 as the show is over at 8.30. The children had cocacola and I had coffee.
Q. Did you that night have any orange drink in the house?
A. There could have been. There was a variety of drinks, brandy, gin, whisky, coca-cola.
Q. Have you spoken to Mr. Rene about this case?
A. You must ask me which part of the case?