DOWN MEMORY LANE
The Guy Pool trial
DEFENCE IN TANGLE
Kapila denies seeing man who says ‘we met’
Mr. Kapila told Chief Justice Sir George Souyave, during a submission about a protest, that he had never seen Mr. Rene Vidot who was giving evidence for the defence.
But under cross-examination Mr. Vidot said he saw Mr. Kapila twice in an office at Kingsgate House and both times he made a statement to him, one of which was recorded.
The lawyer then told the judge it was possible he could have seen Mr. Vidot in his office, but forgotten about it because he had seen so many people. He would check his records, he said.
Arrest
Earlier Mr. Vidot, also known as Flake, had told the court that the police had arrested him on August 2 in connection with bomb explosions of February. He described how he had been locked up and then taken to Superintendent David Ashford’s office at police headquarters and accused of planting the bomb which exploded at Moosa’s shop in
He said he denied this and Mr. Ashford told him he had enough evidence to prove it and that he was in a car with Mr. Albert Rene.
“I kept on denying , that I knew nothing of what he was talking about”, Mr. Vidot said, “and then he told me to sign a statement which he had. I replied that I could not do it because what he was saying was not true”.
Slap
The witness said Mr. Ashford told him that if he signed the statement he would have nothing to fear from Mr. Rene as he won’t see him again.
“Then he told me that if I sign the statement he would give me more than Rs. 50,000, police protection, and fares for my family to go to
Mr. Vidot who lives at Corgat Estate and works for W&C French also told the court that Mr. Ashford had slapped him hard on his back while he was sleeping in his cell in the middle of the night. He said the CID chief was gnashing his teeth when he jumped up and he, Vidot, could not say anything for two to three minutes with the shock.
‘Then I told Wen Yam who was with him : You tell your couyon Ashford that if he ever hit me like that again while I’m sleeping I’ll tear him up with my teeth”.
Mr. Vidot told the court that after that he was taken back to the CID office and there he was asked the same questions and again asked to sign the statement. He kept on refusing and Mr. Ashford told him “Today you don’t want to sign, but tomorrow you will”.
“After I was back in the cell”, Mr. Vidot continued, “I thought about what he had said and decided to do something about it. So next morning I started to shout : Ashford, I want to see Mr. Fenner”.
Mr. Vidot said a fair while later the Commissioner’s deputy, Mr. Goodchild, came to see him and be made a complaint to him about what had happened and asked to see Mr. Rene.
‘Instead of seeing Mr. Rene”, he said, “I was released about two hours later”.
Convictions
During cross examination Attorney General Quinn asked him why he had waited a long time to make his complaint and Mr. Vidot answered that he had not waited a long time, but had always asked for a lawyer.
Mr. Quinn then asked him about a complaint he had made that the police had stolen Rs. 1,125 from him while searching his house and Mr. Vidot said he was going to prosecute them for that.
Then Mr. Quinn read out a long list of previous convictions going back to 1957 and asked the witness if they were true. He replied that he did not remember but when asked by the judge whether he meant he did not remember when he had been convicted of whether the convictions never happened, he replied “It never happened”.
Grudge
Mr. Vidot also told Mr. Quinn in answer to questions that constable Wen Yam had a grudge against him and he told the court that on the case opened Wen Yam, for no apparent reason, threw himself on him while he was standing outside the courtroom. He said the court Usher was a witness to the incident.
The Usher Mr. Harold Hallock was asked to leave the court and after Mr. Vidot had been released was called to the witness box and said there was an argument between Mr. Vidot, Wen Yam, Mr. Antonio Hoareau and another civilian and at the time he came out Mr. Wen Yam was holding Mr. Vidot’s arms.
Mr. Hallock said he asked what was happening and Mr. Vidot complained that Wen Yam wanted to throw him out.
“I told them all to go away, as the court was closed for the day and they went”.
xxd by A.G.
Q. You are a member of S.P.U.P.?
A. I was a candidate for the last general elections.
Q. You are still a member?
A. I am a sympathiser. I do not hold a membership card.
Q. How long have you sympathy for the party?
A. Before the elections.
Q. Before 1970?
A. Yes.
Q. You still have sympathy?
A. Yes.
Q. You support it whole heartedly?
A. By sympathy I don’t mean whole heartedly. I support what is right and reject what is wrong.
Q. What is wrong that you don’t support?
A.
Q. Apart from that you sympathies with them?
A. I do.
Q. Among these 30 people that you say were present were they all sympathisers or supporters of S.P.U.P?
A. That is their private life. I would not go into it. If they were there I suppose they were sympathisers
Q. Do you know Mr. Rene well?
A. Very well.
Q. Are you on very friendly terms with him?
A. Yes.
Q. And Mr. Sinon and Mr. Servina?
A. Yes.
Q. Mr. Karl St. Ange?
A. Yes.
Q. You’ve been taking an interest in this case ever since the accused was arrested?
A. I think with a case like this every Seychellois who has his country at heart will take an interest in it.
Q. You have been taking an interest in it yourself?
A. I do.
Q. You are a journalist?
A. In the context of the word, no, but I do report now and again.
Q. You are a part time journalist?
A. Yes.
Q. Have you written concerning this case or part of it in l’Echo des Iles?
A. I did.
Q. While you were in this party in Chez Nous were you watching Mr. Rene all the time?
A. I did not go there to watch him but Mr. Rene is a conspicuous person and he was occupying a table next to me.
Q. Surely you couldn’t have been watching or seeing him all the time?
A. Not watching but he had to pass in front of me to go about, in the position I was.
Q. Can you explain how the tables were?
(witness draws on a sheet of paper)
The main gate is always closed. I occupied the table where I’ve put ‘X’ opposite the bar, opposite to the entrance leading to the dance hall. Mr. Rene occupied the table just after me on my left. As far as I know the side where tables are is not used for dancing. At the back there is a gate made of C.I. sheets which is actually closed. There is only one exit, it is locked. Someone have the key to it. That night it was locked. I did not check to see if it was locked. For all I know it may not have been locked I know where the toilets are. I can’t remember exactly where the Gents’ toilet is. I have marked it approximately. I produce this sketch. (admitted and marked Exhibit 00)
Q. Did Mr. Rene to your knowledge leave the table at any time?
A. Yes he did. He moved from one table to the other. I would not like to say around all the tables but he did move around.
Q. It was not possible for you to keep him under surveyance while he moved to the tables?
A. I would say yes because everybody was sitting and he was moving around.
Q. You were watching him all the time?
A. Looking around you can always trace where he goes.
Q. Some of the time your eyes must have been off Mr. Rene?
A. I talk with my mouth not with my eyes. I looked at them as I am looking at you now. If someone was in the room he was always under observation.
Q. I put it to you that’s impossible, if you are talking to people at your table you can’t keep Mr. Rene under surveyance?
A. He is a conspicuous man just as the gentleman with the red beard (point to Mr. Grimmett).
Q. How many people have left the court room since you have been giving evidence?
A. I did not notice, 3 or 4.
Q. Who were they?
A. They are not important people otherwise I would have noticed them. If you had gone out I would have noticed you.
Q. (Mr. Ashford stand up) Did he leave the court while you were giving evidence?
A. I doubt.
Q. I put it to you that he did go out to bring this document in?
(Mr. Ashford has been sitting just behind Mr. Grimmett)
Q. Mr. Ashford is an important man?
A. I know he is the Chief C.I.D. he should be important. I know Mr. Ashford.
Q. Your power of observation is poor?
A. It is very good sir. Mr. Ashford is 30˚ from my line of vision. In a court I’m supposed to look at the judge.
Q. You speak with your mouth not with your eyes?
A. Exactly.
Q. Mr. Grimmett is in the same angle as Mr. Ashford.?
A. If you take a sextant Mr. Ashford is 14”.
Q. You notice that all right but you did not notice Mr. Ashford leave?
A. I was speaking to the judge I could not notice if he left. I can see from the corner of my eyes some policemen moving across the door.
Q. What did you mean when you said that you talked with your mouth and not with your eyes?
A. You asked me if I did not look at the people at my table while talking to them.
Q. You demonstrated here that when you talk to someone you look at him?
A. For how long just a few seconds. It is not necessary to look at someone when you talk to him.
Q. Did you have an interesting conversation at your table?
A. On various topics yes.
Q. How long did you sit at the table having these conversations?
A. Mostly the whole time I was there from 7.30 to just after 9.
Q. The conversation was interesting?
A. Naturally.
Q. You had a few drinks?
A. I barely drink, one beer. A pint would last me a few hours. Usually I don’t drink. At my table the other people drank. I did not hear the conversation going on at the other tables.
Q. You said that Albert Rene left his table and went to the other tables passing yours?
A. Yes.
Q. How long was he away from his own table?
A. I didn’t look at the tables to check.
Q. About how long?
A. The word “about” has no meaning
Q. About how long was he away from his table?
A. He moved from his table to ours than to the next one. I didn’t pay attention to how long he was away.
Q. If he did go outside the hall you wouldn’t have paid any attention?
A. He didn’t. A conspicuous person when he goes out you say “now what” and you watch when he comes in.
Q. What is so conspicuous about Mr. Rene?
A. He is a very good looking fellow and he has good manners. If I was a girl I would have gone for him.
Q. You wouldn’t agree that he is a short insignificant man?
A. No. By American standard he is short but not by English standard. He is shorter than me. I’m 6’ now.
Q. Mr. Sinon is a big striking looking man?
A. Yes he is.
Q. Did he move from table to table?
A. Yes he did.
Q. Did you notice him all the time he moved around?
A. Quite a number of times.
Q. But not all the time?
A. No.
Q. You noticed Mr. Rene often than you noticed Mr. Sinon?
A. Yes.
Q. Although Mr. Sinon is more striking in size than Mr. Rene?
A. Striking and conspicuous is different. Tall fellow of no interest and middle size fellow and very attractive.
Q. What was Mr. Rene wearing?
A. I wouldn’t swear to the colour of his clothes but he was in an open shirt, sort of bush type hanging outside.
Q. You were watching this attractive man for the best part of 2 hours and you did not notice the clothes he was wearing?
A. Clothes do not usually attract me. It is the person.
Q. Would you call yourself a disinterested witness who is not interested in the outcome of this case?
A. I am interested.
Q. You are interested in seeing Guy Pool acquitted?
A. I stand for the law and order. During the last elections I was a candidate. All the people throughout the island will testify that my speeches were for justice, law and order.
Q. Mr. Rene speeches, were they on the same lines?
Q. Not recently?
A. I don’t go to meetings now.
Q. You know that Mr. Rene’s name has been mentioned in this case?
A. On the radio, yes, a few times.
Q. You’re interested in clearing his name?
A. Naturally.
Q. Did you write an article for l’Echo des Iles in the edition of 1st September, 1970?
A. Yes I did.
Q. What was the name of the article?
A. The bombs that shook the nation.
Q. Did you end up that article with 3 questions to the Commissioner of Police?
A. All what is in this article, I wrote it. I wrote the article and the questions. I asked many more questions but they were not published. I have no objection to it being produced in court. I produce it. I wrote all that is edged in red pencil.
(admitted and marked Exhibit RR)
Q. Does this reflect your sentiment and feeling about this case?
A. No it represents my feeling on the action of the police.
Q. You’ve been taking an interest in the police action in this case?
A. Yes.
Q. This article was written before this case started?
A. Yes that’s right. This went in print a few days before 1st September, 1972. It was printed by l’Echo des Iles. I wrote this article before that time, before this case started.
Q. When did you actually write this article?
A. The weekend following my conversation with the police chief. If I refer to a calendar I saw the chief on 10th August. I waited for an answer from him but I never had any. I went back to him for an answer on 3 times. First on Monday I arranged an appointment. When I got there he had left for Government House. I went away and come back just after 11. By then the Chief had phoned the office to tell my how sorry he was because he had been held at Government House. I went back in the afternoon. He wanted to know what I wanted to see him about. I told him about all the rumor circulating in
Q. Did you back or contact him for the Press Release?
A. I did go back. I’ll come to that soon. On Tuesday I phoned his Secretary and she said that he was busy with someone from
Q. Do you expect the Commissioner of police to run after journalists?
A. He is a dignified person and I don’t expect him to do that.
Q. You are interested in getting this press release?
A. Certainly.
Q. Why did you publish Exhibit RR without getting the press release?
A. The article was originally due to go out in the edition of 14th so I decided he would not give it to me and I left it at that.
Q. Knowing that this case was coming up in court?
A. About the person who screamed?
Q. The case of Guy Pool?
A. I don’t remember using the word Guy or Daphne Pool.
Q. What were you referring to?
A. The questions I asked the police chief and he did not answer and I decided to publish them.
Q. How is that relevant to the bombs that shook the nation?
A. At that time there was rumours in the town that someone had been tortured. It happened that Guy and Daphne Pool had been arrested for some offence mainly for the bomb explosion. Going about hearing then that police were using drugs, beating up prisoners, was on everybody’s mouth so I decided to go and interview the Chief.
Q. You have taken an interest in this case since very early on?
A. Not necessarily sir, my first interest was the so called behaviour of the police. It was just rumour. Then when someone was arrested for placing the bomb I got really interested.
By Court:
Q. When you wrote that article did you know that Guy Pool had been arrested?
A. Yes I did.
By A.G.
Q. That Daphne had been arrested?
A. Yes.
Q. And Harry Bonte?
A. Yes.
Q. You knew that they had already been brought before the court?
A. I refuse to answer as it may incriminate me.
Q. Was Harry Bonte at the Party of 13th February?
A. I did not notice.
Q. You know him?
A. I’ve seen him twice. I don’t know him as a friend.
Q. I put it to you that you are either lying or mistaken when you said that Mr. Rene did not leave Chez Nous on the night of 13th February while you were there?
A. No. I am not lying I am speaking the truth.
Q. You could be mistaken.
A. No I am not mistaken.
Rxn
Q. Did you see anybody use the gate which you’ve marked “C.I. sheets”?
A. No.
Q. Was the gate open?
A. Closed.
By Court :
Marked in red the table where Mr. Rene was sitting. (Witness does so. He writes the letter R in red)
A. I was sitting at “X”. The dotted line just before the gate made of C.I. sheets shows how the gate opens. The gate is always shut. At the end of the corridor or drive was between the 2 halls there is a gate which is always closed. No questions by counsel arising from answers to court.
Witness Released
D.W. 14 Michael Green (sworn)
James Peter Michael Green. Member of the Legislative Assembly, Personnel Manager of Reef Hotel. I have been working at Reef Hotel since December 1971. I know the accused. When I joined the Reef Hotel he was already employed there. Basically I am in charge of all the staff, recruiting. They come to me with all sorts of problems. They come to me with any problem, about their work and private life. (shown Exhibit P) I recognise the handwriting on this. It is my handwriting except for the signature of the accused. I signed it as well. I dated it. (Reads the date) 16th of May, 1972. I put the date on the same day that I filled it in and signed it.
I could not remember if Guy Pool approached me before that date. I can’t remember whether I filled up a form for his wife. I can’t remember whether his wife was discussed. So many of them come to me.
It seems I wrote the 2 dates of birth. There’s difference. One says 31st July and the other says 31st June. June does not have 31 days. It is in my handwriting.
Q. It has been suggested here that you put a false date on the form is that correct.
A. It is incorrect. Anyone who made this would be out of his mind.
xxd by Mr. Grimmett:
Q. Would anyone be out of their mind to suggest you yourself had made bombs?
A. Yes they would be.
Q. Do you remember an explosion which occurred at Pomeroy Ltd. on
A. yes.
Q. Do you remember Det. Chief Supt. Leckey having a conversation with you on 26th February, 1972 concerning the bomb explosion at Pomroy’s?
A. Det. Supt. Leckey had conversation with me about all the bomb explosions which occurred in
Q. It was a bomb placed in Mr. Pomeroy’s car?
A. The car was damaged.
Q. You told Mr. Leckey that the bomb was planted by Olivier Charles?
A. No I did not tell him.
Q. And he asked you how you knew that and you replied because you were with SPUP at the time?
A. I was with SPUP at the time, yes. The 2 Scotland Yard chaps asked me in my opinion who could have cause d the explosions. Anything I said was mere opinion. I could have said it was Olivier Charles.
Q. Did Mr. Leckey then inquire if Charles would know how to make a bomb?
A. I don’t remember the conversation that took place.
Q. It could have taken place?
A. Yes.
Q. And you replied “Charles didn’t make it to be honest with you it was me who made it”?
A. That’s completely false.
Q. You were then asked if you realised you were placing yourself in jeopardy and he cautioned you?
A. If I had made such a statement it would have placed me in a very bad position.
Q. After the caution you replied “yes but I am not putting anything in writing?
A. There was a general conversation about explosion in
Q. You told Mr. Leckey the bomb consisted of 12 sticks explosives?
A. No I did not.
Q. You told him it had been placed in an Ostermilk tin?
A. I did not.
Q. And that you had given the bomb to Albert Rene?
A. I did not say that.
Q. Who in turn given it to Charles who placed it under Pomeroy’s car?
A. I did not say that.
Q. I put it to you that you also said to Mr. Leckey that you made the bomb because Albert Rene asked you to make it.
A. I did not say that.
Q. You were seen again by Mr. Leckey in the presence of Sgt. Greatley on 7th March 1972?
A. I don’t remember the date. I saw them on several occasions at the hotel when they came to interview members of the staff. I’ve seen them singly, I’ve seen them together and with other people.
Q. On that occasion you were reminded you were under caution and you confirmed that you had said previously?
A. That’s not true.
Q. Is it true that you were cautioned?
A. No, why should I be cautioned when someone was only having a general discussion with me.
Q. I put it to you that again you declined to make a written statement?
A. I did not make a written statement because we had a general conversation about the different bomb explosions such as Seychelles Club, Radio