Accused’s phonecall to sister under the spotlight

Wednesday, July 04, 2012

A hotel worker who claims he was phoning his sister when Michaela McAreavey was killed actually called her to ask advice after committing the murder, a prosecutor has alleged.

Sandip Mooneea has insisted he was chatting to his older sibling for almost five minutes about everyday things at about the time police believe the honeymooner was strangled in her luxury hotel in Mauritius.

After Mr Mooneea testified in his own defence at the Supreme Court in Port Louis, his sister followed him into the witness box to corroborate his story.

However, Malah Gajudhur had to deny claims by state prosecutor Mehdi Manrakhan that she had only come to court to save her brother.

Mr Manrakhan claimed Mr Mooneea actually made the call in the room where Mrs McAreavey was later found dead, just moments after he and co-accused Avinash Treebhoowon had murdered her.

“You called on your sister after you killed that lady,” Mr Manrakhan told Mr Mooneea. “You did it in the room. You were asking her advice.”

Former floor supervisor Mr Mooneea, aged 43, and former room attendant Mr Treebhoowon, aged 32, deny murdering the Co Tyrone teacher.

Both men worked in the exclusive hotel at the time of the killing in Jan 2011.

The prosecution claims they attacked the newlywed when she interrupted them stealing in her room, having momentarily left her husband John at a poolside restaurant.

At the start of the trial’s 29th day, responding to questions from his own lawyer, Mr Mooneea said he called his sister to talk about “nothing special”.

“I asked her whether everyone was well,” he said.

“I asked her whether the children don’t misbehave, I asked her whether her husband is well, since he’s a diabetic patient.”

Mr Mooneea was questioned by defence lawyer Rama Valayden for about 20 minutes before cross-examination began.

John McAreavey, his father Brendan, sister Claire, and brother-in-law Mark Harte watched from the public gallery as the accused testified in his native Creole. The family members were assisted by a Mauritian who interpreted proceedings.

When Mrs Gajudhur’s took the stand she presented a very similar version of the conversation, but Mr Manrakhan was sceptical of her account.

“You came here to save your brother because he’s in a problem,” he said.

Mrs Gajudhur rejected the assertion.

“I have taken an oath to say the truth, the jurors are here, it’s for the judge to give justice,” she said.

Mr Mooneea was on the stand for most of the day, with the majority taken up with cross-examination.

The prosecutor confronted him with police claims that he doctored a room report sheet for Mr Treebhoowon, to place his co-accused cleaning room 1028 rather than 1025.

Comparing the sheet in question with other documents Mr Treebhoowon had signed, Mr Manrakhan put it to Mr Mooneea that the signatures looked different.

Mr Mooneea conceded they did not look the same, but he insisted Mr Treebhoowon had signed the room sheet.

Mr Mooneea was probed on his movements prior to the murder, and whether they tallied with electronic room entry readings.

At one point, he told the court he had gone into room 1009 just after 2.30pm, having left it minutes before to go to 1020 to drop off a towel.

Mr Manrakhan asked him who opened the door of 1009 when he returned.

“It was me who opened it,” he said.

The prosecutor then said there was no record of his card having accessed the room at 2.30pm or after.

His disclosure triggered angry scenes in court, with Mr Valayden insisting Mr Mooneea did not say he had accessed the door.

“Please, please do not fight,” said judge Prithviraj Fecknah, interrupting the lawyers’ spat.

Judge Fecknah noted Mr Valayden’s objection but said he did not want him to continue talking in case he suggested an answer to the witness.

Mr Mooneea and the jury were then removed from the court for legal argument. It was nearly two hours before proceedings resumed, with Mr Valayden telling the court he would not be pressing with his objection.

Mr Manrakhan also asked Mr Mooneea how he was able to work in England for five years from 1999 despite only having a six-month tourist visa.

Sanjeev Teeluckdharry, representing Mr Treebhoowon, also questioned Mr Mooneea.

Mr Treebhoowon claims a confession statement he signed three days after the murder was fabricated and that he was tortured into signing it.

Mr Teeluckdharry asked Mr Mooneea whether he had heard noises, when he and Mr Treebhoowon were held in the same police station.

“Yes, I heard someone shout: ‘Oh mother, don’t beat me’,” said Mr Mooneea. “I heard it two times very loud.” Home