Claim defence is delaying Michaela trial

THE prosecuting counsel in the trial over the murder of Michaela Harte has accused the defence of playing “delaying tactics” in a bid to freeze the preliminary enquiry into the case.

Michaela, daughter of Tyrone football manager Mickey Harte, was murdered at the Legends resort in Mauritius on January 10, just 12 days after marrying Down footballer John McAreavey.

Yesterday, the team prosecuting two men accused in relation to her killing said it had been ready to start the preliminary enquiry since Monday and that witnesses have been present since.

“We have been having delaying tactics particularly from defence of accused No 1 [Avinash Treebhoowon] coming up with frivolous motions in order to delay matters before this court,” Mehdi Choony told District Court Magistrate Sheila Bonomally. “It is high time that this should end and that we are allowed to call the witnesses.”

Yesterday’s hearing further delayed the start of the preliminary enquiry, with murder suspect Avinash Treebhoowon’s legal team, Sanjeev Teeluckdharry and Ravi Rutnah, presenting several motions. Magistrate Bonomally will rule on all the motions next Monday.

The prosecution’s stance followed a statement by Mr Teeluckdharry’s that, on their client’s instructions, they lodged an application for a judicial review at the Supreme Court.

This could put the preliminary enquiry on hold for four weeks.

Mr Teeluckdharry argued that several issues came through the ruling that was delivered on June 21 in connection with the right to be heard by an impartial court and the right of an accused party to cross-examine witnesses.

“The defence contends that the right to cross examine prosecution’s witnesses is a fundamental constitutional right and it has been the practice in this country,” said Mr Teeluckdharry.

He also asked for a stay of proceedings at the district court of Mapou regarding the preliminary enquiry pending the determination of the judicial report.

The Supreme Court now has to rule on a ruling by Magistrate Bonomally.

Navin Bhoyrul, legal counsel of murder suspect Sandip Mooneea, supported a motion by Mr Teeluckdharry stating that prosecution witness Mr McAreavey “should be tendered for cross-examination”.

They also asked the prosecution to review its position on the release on bail of their respective clients.

Mr Teeluckdharry added that if the defence was denied the right to cross-examine Mr McAreavey, it would move for “the stay of the preliminary enquiry on the count of abuse of process of the court”.

When asked about the basis of an application of a judicial review and a stay of proceedings by Magistrate Bonomally, Mr Teeluckdharry said: “The ruling [June 21] of the learned magistrate has acted in breach of natural justice as she had herself presided on the motion to challenge the bench.”

Mr Choony maintained the prosecution’s stance that it will not need Mr McAreavey for the entire enquiry, nor will he be tendered for cross-examination. The prosecuting counsel also submitted that the motion for the judicial review should be set aside.

Mr Choony refused to be drawn on arguments concerning the release on bail of the accused as the matter will be heard this Monday at the Supreme Court.