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 the last two 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 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. We reproduce below the evidence of the Prosecution’s witnesses namely:
1. Michel Marie
2 Amede Larue
3. David Hoareau and
These witnesses, in a nutshell, testified that they were at the dance too but they did not see Guy Pool there that evening.
The eight prosecution witness to be called was
PW. 8 P.C. Michel Marie who said:
I am Michel Marie. I was in the police force before. I have left. I left on the 26th July 1972. I know Guy Pool. I know him very well. I have known him for the past 17 or 18 years. He is the accused in this case.
I remember the night of Sunday 13th February 1972. I was on duty at a dance at Baie Lazare where I arrived at 9 or 9.30 p.m. I did not see the accused there during that time. I did not see him inside the dance hall.
Q. If he had been there would you have seen him?
Kapila: I object.
Witness: There were 50 to 60 people at that dance and that was divided equally between men and women. I saw all the men. I did not see the accused amongst them. I went there at 9 to 9.30 p.m., and I left there at 12p.m. to 12.30 a.m. The dancehall is slightly bigger than the courtroom. Sometimes I stood at the front door and at other times I stood inside the front door. If the accused had been dancing I would have seen him. I did not see him.
Q. How many statements have you made to the police?
A. Two.
Q. Tell me the dates?
A. One I made on the day after the incident and the second one 2 or 3 days after the first one after the first statement but during the same week. When I say 2 or 3 days I mean the day after or 2 or 3 days after.
Q. To whom did you make them?
A.Cadet S/I Dingwall & P.C. Antonio Hoareau. They were together on both occasions. The statements were given in English. Both of them. I speak a little in English not much. Since then I have not been questioned about that matter at all. Officers from Scotland Yard have not seen me.
Q. Did Dingwall or Hoareau tell you why they were questioning you about the dance at the time?
A. They told me that the accused was a suspect in a case involving an explosion.
Q. When did they tell you that?
A. On the second occasion when they took a statement from me.
Q. Before they took the second statement?
A. Yes.
Q. Who told you?
A. They were both talking to me. I cannot remember who said that to me.
Q. You are sure the Scotland Yard Officers did not see you after that?
A. Yes.
Q. That night at Baie Lazare you were in the company of Det. Sgt. Hill?
A. Yes.
Q. The dance was at the Social Centre?
A. Yes.
Q. You were at Baie Lazare near the Social Centre?
A. Yes.
Mr. Kapila
I ask to see the 2 statements of this witness to the police.
(A.G. passes the statements to Mr. Kapila.)
Q. Can you give me the names of the 50 or 60 people who were there?
A. No I could not give the names of all of them. I know most of them by sight.
Q. About how many names can you give me out of the 50 to 60 people?
A. About 6 or 7 whose names I knew including men and women.
Q. In the statement that you made on the 15th February 1972 did you say that on that night you were at Baie Lazare near the Social Centre?
A. Yes.
Q. Do you agree that you did not say in that statement that you did not go in the dance hall at any time?
A. Yes.
Q. How many entrances does that hall have?
A. There are 2 doors at the front gate and there is an entrance to the bar. I was on duty there that night in an ordinary routine way not for any special reason. If there was any disorder I would have restored order.
Q. I suggest there were over 100 people at the dance?
A. Not inside at the dance while I was there. It is possible there were outside. They were constantly moving and going outside and inside. I did not stand in one place. I walked about from outside to inside.
Q. Did you see Philip D’Offay there?
A. I did not see him inside the hall he could have been outside or at the bar.
Q. Are you prepared to swear that he could not have gone in and outside the hall at any time without you seeing him?
A. I did not see him. I am prepared to swear.
Q. Repeat.
A. I could not swear. There are several entrances and he could have gone to the bar and I would not have seen him from where I was.
Q. You could not swear to the identity of all the people in the hall that night?
A. I could swear to the identity of those who were dancing but not those who were going to the bar and out.
Q. Did you go to the toilet at all during that period?
A. Yes.
Q. Were you in uniform?
A. No.
Q. But you were on duty?
A. Yes.
Q. Was Det. Sgt. Hill in uniform?
A. No.
Q. Did the police explain to you why it was necessary to confirm what you had just said in your 1st statement?
A.G.: That would be hearsay.
Q. In your second statement did you repeat what you had said in your first statement?
A. Yes.
Q. Did the police tell you why they were asking you for a second statement?
A. As far as I can remember they did not tell me.
Re-examination:
Q. Did you go into the dance hall that evening?
A. During the time I was there but it was before midnight because I left around midnight. I went inside the dance hall. I do not remember how many times I went inside 2 or 3 times. The toilet is outside. I did not have to cross the hall to go to the toilet. At times I stood inside the door I could see inside the hall. I know Philip D’Offay. I know him very well. I have known Guy Pool for a longer time that I have known Phillip D’Offay whom I have known for about 10 years. I do not know whether Sgt. Hill knows Guy Pool or not.
Judge: Q. Where is the bar, inside or outside the hall?
A. There are 2 doors on one side. There is the hall, a sitting room and the bar is near by. There is a partition between the dance hall and the sitting room. The sitting room is a small place where people sit and the bar is next to it. There is a door leading from the dance hall to the bar. One has to cross the hall to reach the bar.
Q. If the accused was in the sitting room you might not have seen him?
A. No.
Q. If he was in the dance hall you would have seen him?
A. I would, yes.
After PC Michel had completed his evidence, P. Cpl. David Hoareau was called and sworn. He gave evidence that he never saw Guy Pool in the district of Baie Lazare Social Centre at all that evening. He said he remained in the station at all times, half a mile from the Social Centre. He added that he could not say whether the accused was at the dance at the Social Centre that night.
After P. Cpl. David Hoareau, the Prosecution called:
Witness No. 10 AMEDE LARUE who stated:
I work in the bar at the Reef Hotel. I was employed in the bar at the Reef Hotel on the night of 13th February, 1972. I still work there. On the night of 13th February after I finished work I went to dance at Bay Lazare in the social centre. I reached the Centre about 8.30 pm and I left about 12pm or 12.30 am.
I know Guy Pool. When I was employed at the hotel I met him there. He is the accused in this case.
While I was at the dance at the social centre that evening I did not see Guy Pool there. I went to the bar. I did not see him there. I passed in front of the bar. I did not see Guy Pool there. I did not speak to guy pool at any time after that dance. I did not see him after that dance. I met him at the hotel. I was working on the Sunday morning. When I came to work in the afternoon I met him. That was on Monday 14th when I came to work I the afternoon I saw him there. The dance was on the 13th. This was on Monday 14th. He spoke to me then. He asked me if I had dance well – “Oui dire hier soir ou ti bien danse”. What do you say, did you dance well last night. I told him yes. He did not say anything else to me. I did not say anything else to him. He did not say anymore. That was between 1 or 1.30 pm. This was said at the gate where the guard was and then I went inside the hotel. After that he was working and I saw him. He did not speak to me again.
A.G.: I have 3 statements to the police by this witness. I will ask your Lordship to treat him as hostile. (statement passed on to court who takes cognizance of the 3 statements). Exhibits E, F & G for purpose of identification only. Mr Kapila not objecting to this witness being treated hostile. Court gives leave to AG to treat this witness as hostile and to re-examine him.
Witness: I gave a statement to the police on 16th February, 1972. The police read it back to me. I do not know the police officer who took the statement. (shown Exhibit E).
Q. I that the statement which you made?
A. (witness reads statement). Yes.
Q. Is that statement true or not?
A. It is not true. (witness asked to read the statement. He does so. Statement is translated into English simultaneously by court interpreter),
Q. Is that statement true?
A. No.
Q. Which part of it is true or is all of it not true?
A. Everything is not true.
Q. It is not true that you saw Guy Pool dancing in the social centre at Bay Lazare that night?
A. No.
Q. You did not see him dancing with any girl?
A. No.
Q. Why did you make an untrue statement to the police?
A. He said that he had given my name to the police that he had seen me dancing.
Q. You made this false statement at the request of Guy Ppool?
A. Yes.
Q. Why?
A. He said he had given my name to the police. I did not know what had happened. I did not see him at the dance. I made a 2nd statement to the police.
Q. Was it on 14th august?
A. I don’t know when.
Q. Recently?
A. Yes.
Q. In what language did you make that statement?
A. I think it was in English.
Q. To whom did you give that statement?
A. To a foreign officer. (shown exhibit F).
Q. Is that the statement you made?
A. Yes.
Q. Is that a correct recording of what you said to the police? (witness reads exhibit F).
A. This is the truth.
Q. It contains the truth?
A. Yes. Witness asked to read exhibit F. He says he cannot understand the handwriting. AG reads out the statement).
A. This is the statement I gave to the police. What I have said in it is the truth. I made a third statement to the police on 25th August, 1972. The statement was in English. I gave it to a foreign officer. It was not the same person who took my 2nd statement. (witness shown exhibit G).
Q. Is that the statement and is that the signature on it?
A. Yes.
Q. Is it true and is it a correct recording of what you said?
A. Yes. ( AG reads out Exhibit G).
Q. This is a true version of what happened?
A. Yes.
Q. Since making the third statement why did you not tell the truth this morning in the witness box? Why didn’t you tell the court that the accused asked you to say that he was at the dance when in fact he was not there?
A. He was not there.
Q. Why didn’t you tell us that the next day he approached you and asked you to say that he was at the dance when in fact he was not there?
Q. Can you say why you told the court that Guy did not speak to you again after he asked you if you’d enjoyed yourself at the dance?
A. He did not speak to me again. He only asked me whether I had danced well the night before.
Q. After Daphne had shown you that document which she asked you to sign and after she told you that Mr Rene wanted to see you, did anybody else approach you?
A. No.
Q. These were the only approaches made to you?
A. Yes.
Q. What you say now is the truth and what Daphne was trying to get you to do was a lie. What you say is that on the night of 13th February you were dancing at the Bay Lazare Social Centre and you did not see Guy Pool there?
A. I did not see Guy Pool there.
Q. The following morning Guy asked you to say the he was at the dance ad you did so?
A. He told me that he had told the police that he had seen me at the dance.
Q. Did you then tell the police that Guy was at the dance?
A. Yes.
Q. And that was not true?
A. No.
Q. Later on you told the police the truth?
A. Yes.
Q. Aand afterwards you were approached by Daphne Pool and she asked you to sign a document which you refused to do?
A. Yes.
Cross examination:
Q. You said Guy saw you on the morning of the dance?
A. It was in the afternoon. (Mr Kapila reads out exhibit F). I went to work in the afternoon, how could I see him in the morning.
Q. Did you say in your statement the morning after the explosion at the Reef Hotel I saw Guy?
A. I said afternoon.
Q. This part is wrongly recorded by the Scotland Yard officer?
A. It is not true.
Q. You read the statement and you heard it read by the AG and you said the statement is true. Why did you say so?
A. I saw him in the afternoon.
Q. You know now that he was not on duty in the morning?
A. Yes.
Q. You did not know that at the time you spoke to the Scotland Yard officer?
A. He worked on the morning of Monday. When I came at 1 or 1.30 pm I saw him there. He goes off duty at 3.30pm.
Q. Were you on duty in the morning or afternoon?
A. In the afternoon about 1pm and I met him there when I arrived.
Q. Before the Scotland Yard officer came back and saw you, you had seen me?
A. I have forgotten.
Q. Did I take down a statement in writing from you or not?
A. I have forgotten.
Q. Did I take down a statement in writing from you or not?
A. You did.
Q. In which you said that you had made a statement to the police that Guy was at the dance?
A. Yes.
Q. And that was the only statement you had given to the police at that time? The Scotland Yard officer saw you after I did. You remember my seeing you on 11th August?
A. I remember seeing you but I don’t remember the date.
Q. You accept it was a few days after the Scotland Yard officer saw you?
A. I do not know to whom I made the statement first.
Q. After I had recorded your statement I told you it would be typed and then brought to you for your signature?
A. You did not tell me that.
Q. Were you told you would be a witness for Guy at the trial?
A. After the statement was taken from me you did not say anything to me and I left.
Q. Some three days after you were seen by the Scotland Yard officer?
A. I can’t remember who saw me first.
Q. Did you call the Scotland Yard officer or did he call you first.
A. He came on his own.
Q. You know one Yvette Jacques?
A. I know one Yvette Pool.
Q. She is married to a Jacques.
A. I don’t know who she is married to.
Q. Do you remember her coming to you with a typed statement asking you to sign it and saying that this was the statement you had given to me?
A. It was brought by Daphne.
Q. You refused to read it?
A. Yes.
Q. You told her that a Scotland Yard officer had questioned you?
A. No. I did not tell her anything.
Q. And you told her that you’ given him the same statement which you’d given to the police before?
A. No.
Q. And you told her that your parents were mad with you?
A. Yes. I told her because she came to look for me at home at 10pm.
Q. You told her you would not be coming to court for either Guy or the Crown?
A. No. I did not say so.
Q. And you told her that you would neither read the statement nor sign it?
A. She came and opened the statement to me. I told her I would not sign it and to go away.
Q. How did Guy Pool know you were at the dance?
A. I don’t know.
Q. I put it you that your statement that Guy said to you that he had given your name to the police at 1.30 on Monday is not possible because he did not see the police until 3.30 pm.
Court: matter for argument.
Q. I put it to you that exhibit E is true?
A. No. It is not true. How can you tell me it’s true.
Q. And that exhibit F & G are lies?
A. What I told Scotland Yard is the truth.
(At the request of AG one Daphne Pool is called into court.)
Witness: I know this lady. She is Daphne Pool.
Re-examination: I made a statement to Mr Kapila. I did not tell the Scotland Yard officer that I made a statement to Mr Kapila.
Q. As far as you are aware, the Scotland Yard men at no stage knew that you had already been approached by Mr Kapila?
A. No.
After Amede Larue had completed his evidence the Court asked him to come back in the afternoon in order that his statement might be read back to him. When he returned in the afternoon, the Court read back the witness’s evidence which was interpreted into Creole by the Court Interpreter. He was then asked by the Court:
Q. Is what I have read back to you correct?
A. Yes.
End of evidence.
Ed. Following Amede Larue the next witness was Stanley Hermitte. Hermitte was the person who originally tipped off the police that Guy Pool had placed the bomb at the Reef Hotel. Hermitte was the living-in partner of Daphne Pool, Guy Pool’s sister. Hermitte was provided with 24 hour protection by the police before and throughout the trial and placed in secret location. After the trial he was taken by the British Government to live in Britain where he stayed until he died. He returned to Seychelles the first time since the trial after the return of the multi-party system.