November 24, 2006

Down Memory Lane

Le Nouveau Seychelles Weekly has decided to serialise one of the most riveting and dramatic criminal trials of our times. This trial provides an in depth view of the way politics was being conducted in Seychelles in the 1970’s. Similarities between then and now are uncanny. It would also put our present political situation in a historical perspective.  This trial single handedly held the imagination of our nation and was broadcasted on radio Seychelles every night. It was also serialise verbatim in “The People” which was the opposition’s mouthpiece then.  The records of proceedings in this case has mysteriously disappeared from the court library. Although Mr. Albert Rene has filed several cases before the Courts recently, this is the only time he has taken the stand and deponed under oath. Some of the most brilliant lawyers of the region participated in this trial and turned it into a dramatic event on a national scale.  The younger generation no doubt knows nothing about this trial but it shows that Seychelles politics then, was as dramatic and enthralling as any in the world.  At the time politics were dominated by two charismatic young London trained Seychellois lawyers, Mr. James Mancham of the Seychelles Democratic Party and Mr. Albert Rene of the Seychelles People’s United Party.  Mr. Rene was the complete antithesis of Mr. Mancham, both in terms of political ideology and character.  Mr. Albert Rene is yet to publish his memoirs or biography but the trial is very revealing about the man, his intellect and his place in our political history. .

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 Seychelles on the day of the Coup D’etat. Mr. Rene appeared as a key witness in the case. The testimony of Mr. Rene is compelling and makes fascinating reading. Several witnesses testified in this trial, including, but not limited to, Mr. Rene Vidot aka Flake, Mr. Claude Vidot, aka Pti Claude, Mrs Geva Rene, Mr. Stanley Hermitte and Mr. Guy Pool who testified in his own behalf in a trial within a trial, Mrs. Daphne Pool, amongst others. Mr. Guy Pool was charged with Wilfully and Unlawfully Causing an Explosion to Damage Property of Reef Hotel. Mr. Guy Pool was a Senior Security Guard at Reef Hotel.  The trial reveals many interesting aspects of politics in Seychelles in the early years. It also raises a number of questions. Was Guy Pool acting alone? Guy Pool gave three confessions, was the entirety of his confessions true? Did the trial tell the whole story?  Week after week “Le Nouveau Seychelles Weekly” will bring to its readership the full facts about the case of The Queen versus Guy Pool to relive one of the greatest criminal trials of our times.

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. Last week we continue with the evidence of the Prosecution’s star witness namely:

1. Mr. Stanley Hermitte

 Mr. Hermitte single handedly destroyed Guy Pool’s case with his damning testimony!

Q. How many officers were there?

A. Two of them and one Seychellois.

Q. You managed to convinced all 3 of them?

A. That I don’t know.

Q. You believe they believed you?

A. I don’t know whether they believed me or not.

Q. Those 2 English men came here and you took them in?

A. Yes I said like I had said before.

Q. You manage to deceive 5 people extremely well?

A. That I don’t know whether they believed me or not?

Q. You did your best?

A. Yes.

Q. You did not say that you had been told to say what you did?

A. No.

Q. You didn’t give the impression that you were doing it out of fear?

A. I was under fear but I concealed it. She told me to say so and I did it. I did it out of fear and not for love of Daphne.

Q. On 28th July your fear disappeared?

A. It was still there.

Q. Somehow something gave you courage?

A. Nothing gave me courage.

Q. On 28th July weren’t you in fact more scared of Daphne and Guy than you were when you lived with her?

A. I was under more fear.

Q. You are not a very good liar. You are looking and behaving like a liar?

A. I don’t know how a good liar appears. I don’t understand.

Q. I suggest that the Scotland Yard Officers and the local policemen believed you because you were telling the truth?

A. I think they believed me. It’s up to them to believe me, or not.

Q. It is since you’ve been lying on 28th  that you’ve been seeking police protection because you know you’ve been lying?

A. No.

Q. Do you know Edesse Adeline?

A. I know Edesse, I do not know her surname. She is a nurse. (a woman is called into the court and gives her name as Edesse Adeline.)

A. I know her.

Q. Do you remember a conversation with her about Daphne?

A. No. She is an acquaintance. We greet each other. We are not friends.

Q. There is no reason why she should lie against you?

A. No.

Q. On 28th July do you remember meeting her in the morning at 7?

A. No.

Q. Do you remember walking that morning with one of Daphne’s daughter’s?

A. Everyday I was in a habit of walking with my children. I do not remember walking with them on that particular day.

Q. You remember Edesse asking you whether you liked Daphne’s daughter?

A. I don’t remember if she asked me that.

Q. You won’t deny it?

A. I don’t remember if I saw her and if she said those words.

Q. And you said “yes I love her”?

A. I don’t remember.

Q. You said “I love my children but I would make the Pool family suffer”?

A. No, I did not say those words.

Q. You’re trying to do to us what you say you do to the police officers?

A. No. It does not do anything to me what those people have said.

Q. You said to Edesse “even if I go to prison for a year it does not make any difference to me?

A. I did not say so.

Q. You had a quarrel with Daphne on 13th July?

A. Yes.

Q. The quarrel arose because you accused her of living en ménage with Dogley?

A. No. I did not quarrel with her because of her concubine with Dogley. I never saw them but I suspected it. I told her so . she told me it was not true. I told her I had heard about it but she denied it. I sent my child to tell Dogley’s wife.

Q. She (Daphne) asked the child why she had told this lie?

A. Yes.

Q. Because she asked the child you started quarrelling with her?

A. She went to school and beat the child there, the discussions went worse. I did not hit her. Neither of us hit each other. If Daphne comes to court and says she hit me she will be lying.

Q. You never hit her?

A. I did not hit her. I controlled myself. I did not want to hit her.

Q. When she’d gone to school and beat the child what did you do?

A. Nothing. I asked her why she’d beaten my child. She told me the child had gone and told lies about her. I took my child to the police station and the child made a statement to the police. I kept my control.

Q. What was the provocation on the occasion when you did hit her?

A. It is a long time and I have forgotten. It is not so important for me to remember what made me hit her. It is about 3 years ago. I have forgotten what made me lose control and hit her. When I went to the police station Daphne was also there.

Q. Earlier this morning you said you did not know whether Daphne had been to the police?

A. I said I did not know whether she had made a statement to the police. I do not know what she went to the station for. I do not know what she was going to do there. I said this morning I do not know what she went to the station for. At the station I asked the policeman to come with me. Daphne had thrown my belongings outside the house. I told him to come with me, so that he would not think that I had beaten her. The policeman was from Anse aux Pins. I do not know his name.

Q. P.C. Dodin?

A. I don’t know their names. That night I don’t think Daphne went to work.

Q. The following week she got this nanny to work for her to look after the children?

A. I saw a nanny there. I can’t give more information about her.

Q. On Saturday 15th July you sent the little daughter to call Daphne?

A. I do not remember.

Q. Did your daughter come back and tell you that she was not coming?

A. I do not remember if I sent her.

Q. You then sent to the house?

A. I don’t remember. One Saturday evening I did go to see my child. I did not send Daphne.

Q. Living in prison all this tim has not affected your memory?

A. No.

Q. Did you tell her “ou ennan raison pas vini parce que mon ti pou baise touille ou » ( you have reasons not to come to I would have bloody well killed you)?

A. I did not say so.

Q. And added  “I will go to prison for 20 years”?

A. I did not say so.

Q. And you would find forgiveness in heaven?

A. I did not say so.

Q. Did Daphne again go to the police station and you tried to follow her?

A. No.

Q. I put it to you that you could not catch up with her but on her way bask to you picked a quarrel with her?

A. No.

Q. And you picked up a piece of concrete block and threw at her?

A. No.

Q. You told her you would baised her?

A. No.

Q. And that she would not get anymore men and she would not work in an hotel again?

A. No.

Q. Do you remember Guy once telling you “do not touch my sister”?

A. No.

Q. This was at a place called AhYave’s driveway?

A. I know Mr. Ahyave’s driver.

Q. You met Daphne and Guy there together after you’d left Daphne?

A. I remember I met them a little more to the South near Roger Albert. I remember that incident.

Q. And that’s where Guy told you not to touch his sister?

A. No.                                                    

Q. Do you remember meeting Daphne next day?

A. I have not spoken to her since I left her. Where I work, everyday I meet her on the road.

Q. You told Daphne that she purposely walked with her brother so that you could not baise her?     A. No.

Q. And ‘added “moi a-rrange ou couyon” Quand meme lalangue mon pour baise raconte l0 ou, Guy, ou Maman” apres mon peche mon va aile juge cote Bon Dieu” (I will straighten out your stupidity, even lies I will tell on you, Guy and your mother, then my sins will be judged before God)?

A. I did not say those words to her.

Q. Is this your 1st statement that you made to the police (shown a statement)?

A. I can’t read. I can’t sign my name.

(Statement read out by Court Interpreter)

This is the first statement I made to the police. (Produced, admitted and marked Exhibit H. No objection)

Q. You said that when Guy came that night he said he had ran via Orangine, went  up to Ratnan’s shop and he had then lost his way, took another way, ran through a field and then came to Daphne’s place. About how long would this journey take him from the Reef Hotel?

A. I don’t know.

Q. Approximately?

A. Some persons run a lot, it all depends on the running ability of the person.

Q. How long would it take an average person?

A. Could be 10, I5 or 20 minutes.

Q. To run from Reef Hotel, up to Orangine, to Ratnan’s shop and across the field to Daphne’s?

A. Yes.

Q. You say he said he had fallen down when he heard the bang?

A. Yes.

Q. That was in the field?

A. Yes.

Q. This is not the shortest route from the Reef Hotel to Daphne’s?

A. No

Q. Do you know that Guy lived in that house with his mother ever since he was 1 year old?

A. I don’t know.

Q.

Q. To your knowledge how long do you think he has lived in that house with his mother?                        

A. I don’t know. I know he lives in Yvon’s house with his (Guy’s) concubine. Hismother lives in another house nearby.

Q. In February how long had he lived in the house where he was living?

A. I can’t know how long he had 1ived there.

Q. During the 9 years you lived with Daphne did he live in the same house?

A. He has been to the outlying islands to work and then he came back.

Q. How long has he lived in that house including his absences to the islands?

A. I know that Yvon was in one house and he lived with his mother in another house for 2 to 3 years. I can’t say exactly. He went to the islands often.

Q. You are trying to tell us that he came and told you a story that he lost his way at Ratnan’s shop?

A. Yes

Q.You know perfectly well that that’s impossible?

A. This I cannot know if it’s impossible.

Q. Do you think, it is possible that Guy forgot the way to his house at Ratnan’s shop?

A. If he was under fear he could lose his way.

Q. He would not know whether to turn left or right?

A. That’s for him to know and whether he was under fear or not.

Q. But not sufficiently under fear to get to his sister’s house?

A. It’s for him to know. I had heard the explosion and when he said he had planted the bomb I believed him.

Q. Has the accused grown up in that area of Anse Aux Pins?

A. Yes.

Q. Have you ever gone from Reef Hotel to Orangine?

A. No. I have never gone there from the hotel but I know the place called Orangine. It is on the mountain side of the road. There is an entrance from the road to Orangine. The whole area is called Orangine. You cross a marshto reach Orangine. I cannot say the distance from Orangine to the public road. There were many Orangine trees there before. The area is flat. It does not lead in the mountain. From Orangine to Ratnan’s shop there is path  I do not know’ if it would “take 45 mins to get from, the hotel to Orangine, to Ratnan’s shop and then to Daphne’s  place

Q. Since 28th July when you made a statement to the police you’ve been kept locked up?

A. Yes

Q. Was that your suggestion or somebody else’s idea?

A. I was told that I would be detained that way.

Q. Where have you been detained?

A. At the prisons.

Q. The police have frequently visited that place to see you?

A. Yes. One policeman stays with me all the time, Other police officers come to see me.

Q. You’ve gone over your evidence again and again?

A.  No

Q. Yesterday you said that 45 minutes after you heard the explosion Guy arrived at the house?

A. Yes, I said that way, but I don’t know if it’s half or three quarters of an hour.

Q. You said you had fallen asleep after the explosion?

A. Yes.

Q. In your statement of 28th July did you say, “Un bon moment apres qui Daphne tine arrive mon ti entendre un pete (a fair while after Daphne had arrived I heard an explosion)?

A. Yes.

Q.  “Mon pas connait que l’heure ti etait’ (I do not know what time it was)?

A. I said so.

Q. “Mais apres sa mon fine entendre du monde dire pour dire sa pete ti 1 heure bon matin (but after this I heard people saying that this explosion took place at 1 a.m.

A. I said so.

Q. “Mon ti entendre un madame I’ autre cote la case avec moi demande qui sa qui pete (I heard a lady next door ask what is it that has exploded)?

I said so.

Q. (Moi mon ti croire l’orage) I thought it was thunder?

A. I said so.

Q. “Deux or 3 minutes apres qui mot ti entendre sa pete mon entendre Guy Pool frere Daphne y crie son soeur Daphne ouvert la porte (2 or 3 minutes after 1 had heard the explosion 1 heard Guy Pool Daphne’s brother shout “Daphne open the door”)?

A. I said so.

Q. “’Mon ti reconnaitre la voix Guy mon tellement habitue avec Ii (I recognized Guy’s voice 1 am so used to him)?

A. I did not say so.

Q. You are sure?

A. I’m sure

Q. “Daphne ti ouvert la porte Guy ti entre y ti assise dans fauteuil dans la verangue (Daphne opened the door, Guy entered; he sat own in an armchair on the verandah)?

A. I said so.

Q. “La meme cote Daphne ti pe dormi (there where Daphne was sleeping)?

A. I said so.

Q. “’Daphne ti fine allume la lumiere electricite dans la varangue ou moment, qui y ti pe alle ouvert la porte pour Guy  rentre (Daphne had switched on the electricity light on the verandah at the time that she was going to open the door for Guy to enter)?

A. I do so

Q. “Comment Guy ti arriver moi aussi mon ti lever pour moi aIle voir qui tine arriver et mon ti alle dans la varangue (as Guy arrived I also got up to go and see what had happened and I went on to the verandah)?

A. Yes

Q. “Sa moment la lumiere ti fine teigner, Daphne et Guy ti dans faire noire dans la varangue (at that time the light had been switched off, Japhne and Guy were in the dark on the verandah)?

A. Yes

Q. Mon pas connait lequel entre Daphne et Guy qui ti teigne la lumiere (I dont know whether it was Daphne or Guy who switched off the light)?

A. Yes

Q. Yesterday you said that when Guy arrived he has his shirt and siglet over his shoulder?

A. Yes

Q. What was he wearing?

A. A pair of shorts. He was bare from the waist up. His shirt and singlet was over his shoulder.         He was not holding his shirt and singlet. There were over his shoulder. When he said switch off the light he had entered. There was light when I saw this, electric light. saw this with my own eyes.

Q. Did you say “quand mon ti voire Guy dans fauteuil y ti dans un cans on courte mon pas rapelle qui couleur (when I saw Guy in the armshair he was wearing shorts. do not remember the colour)?

A. Yes.

Q. “Y ennan un chemise mon pas rapelle si ty la manche courte ou longue (he had a shirt I do not remember whether it was short sleeved or long sleeved)?

A. I said long sleeves.

Q. That is not correctly recorded.

A. No.

Q. Were you saying there that he was wearing the shirt?

A. No.

Q. You were saying he had a shirt?

A. Yes

Q. Over his shoulder?

A. Yes

Q. That is how he left later on but he left his vest behind?

A. Yes.

Q. He never put on the shirt?

A. No.

Q. Did you say “Guy ti retire son chemise y ti aIle sans chemise (Guy removed his shirt and he went without shirt)?

A. I did not say that. It is wrongly recorded.

Q. You could not have said that?

A. He arrived at my place without shirt, he sat down in the armchair with his shirt over his shoulder. He did not remove his shirt in my presence. I could not have said so.

Q. This is your statement which you made on 28th July?

A. Yes.

Q. Where did the policeman get that sentence?

A. Insp. Servina wrote it.

Q. He read it back to you?

A. Yes and I said it had been correctly recorded.

Q. You said that that night before Guy left your hous~ with his sister he threatened you?

A. Yes

Q. Who threatened you?

A. Guy

Q. Did Daphne say anything?

A. No it was after she had accompanied him and she came back that she threatened me.

Q. You were frightened by those threats?

A. Yes

Q. That’s why you did not reveal what you heard that night?

A. Yes

Q. Otherwise you would have done so?

A. Yes

Q. You kept this secret to yourself until 28th July?

A. Yes

Q. In the interval you made two lying statements?

A. Yes.

Q. You know it was your duty to report this matter to the authorities?

A. Yes.

Q. You knew there was a big reward offered by Govt. for this information?

A. Yes.

Q. How much?

A. Rs. 70,000

Q. That didn’t tempt you?

A. No.

Q. You knew that everyday on the Bulletin and on the radio the Govt. was appealing for information?

A. Yes

Q. You were the one man who had it apart from the two culprits?

A. Yes.

Q. You did not cooperate with Government until 28th July?

A. No.

Copyright 2006: Seychelles Weekly, Victoria, Mahe, Seychelles